Fair Work Ombudsman
Citation: FWO-2025-05-15-patton-litigation-media-release
At a glance
- Respondent
- Dirty Bits Decorative Concrete Coatings
- Penalty
- $9,390
- Employees affected
- 1
- Awards cited
- MA000127
What happened
The Fair Work Ombudsman has commenced legal action against the Respondent, the operator of 'Dirty Bits Decorative Concrete Coatings' in New South Wales. An investigation began after a worker requested assistance. It was alleged that the Respondent underpaid a casual construction worker between January and March 2022, failing to pay minimum casual hourly rates and overtime entitlements under the Building and Construction General On-site Award 2020. A Compliance Notice was issued in June 2023, which the Respondent allegedly failed to comply with.
What was decided
The Fair Work Ombudsman discontinued proceedings in June 2025. The Respondent faces a potential penalty of up to $9,390 for failing to comply with the Compliance Notice. The Fair Work Ombudsman is seeking a court order requiring him to calculate and rectify any outstanding entitlements, plus interest. A directions hearing is scheduled for May 21, 2025.
What it means for employers
Employers, particularly in the building and construction industry, must comply with workplace laws and respond appropriately to Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and court orders to rectify underpayments.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. Resources and information are available on the Fair Work Ombudsman's website and through the Infoline.
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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 →