Fair Work Ombudsman
Citation: FWO-2024-10-30-gilling-litigation-media-release
At a glance
- Respondent
- Benaya Building Group
- Penalty
- $4,151
- Employees affected
- 1
- Awards cited
- MA000123
What happened
The Fair Work Ombudsman has taken legal action against the Respondent, the sole trader of Benaya Building Group in Melbourne. A young apprentice carpenter, aged 16 to 17, worked for the Respondent between January 2021 and February 2022. A Fair Work Inspector issued a Compliance Notice in July 2023, alleging the Respondent underpaid the worker minimum wages, overtime, and annual leave entitlements. The worker was engaged in a first-year school-based apprenticeship.
What was decided
The Fair Work Ombudsman alleges the Respondent failed to comply with the Compliance Notice, which required him to back-pay the worker’s entitlements, totaling $4,151. The FWO is seeking a penalty of up to $9,390 against the Respondent, plus an order for him to pay the outstanding amount, superannuation, and interest. A hearing is scheduled for November 4, 2024, in the Federal Circuit and Family Court.
What it means for employers
Employers, particularly in the building and construction industry, must ensure they comply with workplace laws and pay employees all entitlements. Failure to do so, especially concerning young and vulnerable workers, can result in significant penalties and court action. Responding appropriately to Compliance Notices is crucial.
What it means for employees
Employees, especially young workers and apprentices, should be aware of their rights and entitlements. If they have concerns about their pay or entitlements, they should contact the Fair Work Ombudsman for free assistance.
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This summary was drafted 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 →