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FWOFair Work Ombudsman · 3 December 2024

Fair Work Ombudsman

Citation: FWO-2024-12-04-bsw-electrical-penalty-media-release

At a glance

Respondent
BSW Electrical Services Pty Ltd
Penalty
$6,400
Employees affected
1

What happened

BSW Electrical Services Pty Ltd, an electrical contracting company operating in the Mornington Peninsula region of Melbourne, failed to pay a worker all entitlements. The worker was employed as an apprentice electrician from June 2015 to March 2022, later transitioning to a qualified electrician role in 2021. Following a request for assistance from the worker, the Fair Work Ombudsman investigated and issued a Compliance Notice in March 2023. The worker was owed over $14,000, which was only fully back-paid after the Fair Work Ombudsman commenced legal action.

What was decided

The Federal Circuit and Family Court imposed a $6,400 penalty against BSW Electrical Services Pty Ltd for failing to comply with the Compliance Notice. The court found a need for general deterrence to emphasise the importance of compliance frameworks for employers. Judge Amanda Mansini stated the penalty should impress upon employers in the electrical services industry the importance of complying with legal obligations. The Fair Work Ombudsman stressed that failing to act on Compliance Notices can result in penalties and back-payment obligations.

What it means for employers

Employers must act promptly and appropriately when issued with a Compliance Notice from the Fair Work Ombudsman. Failure to do so can result in significant penalties and reputational damage. Implementing effective compliance frameworks is crucial to ensure legal obligations to employees are met.

What it means for employees

Employees who believe they are not receiving correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers resources and support to help employees understand their workplace rights.

underpaymentpenalty-ratesgeneral-protectionscomplianceannual-leave

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/december-2024/20241204-bsw-electrical-penalty-media-release

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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 →

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