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FWOFair Work Ombudsman · 4 January 2025

Fair Work Ombudsman

Citation: FWO-2025-01-07-procraft-group-penalty-media-release

At a glance

Respondent
Procraft Group
Penalty
$20,553
Employees affected
1

What happened

The Fair Work Ombudsman secured penalties and back-pay orders against Procraft Group Pty Ltd, a residential building and construction company based in Melbourne, and its sole director, Bradley Busuttil. The company failed to comply with a Compliance Notice regarding unpaid entitlements to a full-time carpenter employed between February and December 2021. The carpenter was owed accrued but untaken annual leave entitlements. A Fair Work Inspector issued the Compliance Notice in September 2022.

What was decided

The Federal Circuit and Family Court imposed a $13,320 penalty against Procraft Group and a $2,664 penalty against Bradley Busuttil. The company must also back-pay the carpenter $4,569 plus interest. Judge Janine Young found the failure to comply with the Compliance Notice was deliberate and serious, demonstrating a disregard for obligations under the Fair Work Act. The penalties are intended to deter future non-compliance. The Fair Work Ombudsman emphasised the importance of acting on Compliance Notices and protecting employee wages.

What it means for employers

Employers must act promptly and correctly on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in substantial penalties and back-pay orders. The building and construction industry is a priority area for the FWO, so employers in this sector should ensure they are meeting their obligations.

What it means for employees

Employees who believe they are owed unpaid entitlements should contact the Fair Work Ombudsman for free advice and assistance. The FWO offers resources and courses to help employers understand Compliance Notices, and employees can seek information from their employer or union.

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

https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/january-2025/20250107-procraft-group-penalty-media-release

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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

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