Fair Work Ombudsman
Citation: FWO-2024-10-10-pether-and-rattana-litigation-media-release
At a glance
- Penalty
- $31,596
- Employees affected
- 2
- Awards cited
- MA000047
What happened
The Fair Work Ombudsman has commenced legal action against Marsdon Pether, who operates the residential construction business 'FTP Construction', and his father Nat Rattana. This action follows a request for assistance from two apprentice carpenters who worked for Mr. Pether between May 2018 and December 2019. A Fair Work Inspector issued a Compliance Notice in May 2022, alleging underpayment of minimum wages and overtime, failure to reimburse training costs, and failure to pay accrued annual leave. The alleged unpaid amount is $31,596, with only a fraction reportedly paid. Mr. Pether is also accused of breaching pay slip laws.
What was decided
The Fair Work Ombudsman is taking legal action against Mr. Pether and Mr. Rattana for failing to comply with a Compliance Notice. The court may order penalties and payments to the workers. Mr. Pether faces a penalty of up to $6,660 for failing to comply with the notice and $12,600 for breaching pay slip laws. The FWO is seeking orders for Mr. Pether to pay the outstanding amounts, plus interest. A directions hearing is scheduled for November 12, 2024.
What it means for employers
Employers, particularly in the building and construction industry, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay employee entitlements. Small businesses should review their payroll practices and seek assistance if needed.
What it means for employees
Employees, especially young workers and apprentices, should be aware of their workplace rights and entitlements. If you have concerns about your pay or entitlements, contact the Fair Work Ombudsman for free assistance.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/october-2024/20241010-pether-and-rattana-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →