Fair Work Ombudsman
Citation: FWO-2025-02-28-o-loughlin-litigation-media-release
At a glance
- Respondent
- Torco Constructions
- Penalty
- $18,780
- Employees affected
- 1
What happened
The Fair Work Ombudsman has taken legal action against the Respondent, the former operator of Torco Constructions in Melbourne. A young construction worker, aged 21, was employed by the Respondent from June to October 2023. A Fair Work Inspector issued a Compliance Notice in February 2024, believing the worker was not paid minimum wages, overtime, accrued annual leave, and superannuation entitlements under the Building and Construction General On-site Award 2020 and the Fair Work Act. The Respondent allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against the Respondent for failing to comply with the Compliance Notice. A court can order a business to pay penalties and back-pay entitlements. The maximum penalty the Respondent faces is $18,780. The court will also order him to calculate and rectify any outstanding entitlements, including superannuation and interest. A directions hearing is scheduled for March 12, 2025.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. The Fair Work Ombudsman prioritises compliance in the building and construction industry and protecting young workers. Employers should seek advice if they receive a Compliance Notice.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Free online resources and courses are available to help employers and employees understand workplace rights and obligations.
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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 →