Fair Work Ombudsman
Citation: FWO-2025-12-01-oloughlin-cn-penalty-media-release
At a glance
- Penalty
- $6,000
- Employees affected
- 1
What happened
Daniel Paul O’Loughlin, the former operator of Torco Constructions in Melbourne, has been penalised $6,000 by the Federal Circuit and Family Court. This followed his failure to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice required him to calculate and back-pay entitlements to a young construction worker aged 21, employed from June to October 2023. The worker was believed to be underpaid minimum wages for ordinary hours and overtime, and was not paid accrued annual leave.
What was decided
The Federal Circuit and Family Court imposed a $6,000 penalty on Daniel Paul O’Loughlin for failing to comply with a Compliance Notice. The court also ordered him to rectify underpayments, including superannuation and interest. Judge Amanda Mansini found his behaviour was deliberate and demonstrated a disregard for his obligations. The judge emphasised the need for general deterrence, particularly within the building and construction industry, to protect vulnerable young workers. The Fair Work Ombudsman recovered nearly $16.5 million in unpaid entitlements in the building and construction sector between November 2022 and June 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 court-imposed penalties. Employers, especially in the building and construction sector, should be aware of the vulnerability of young workers and ensure compliance with wage and leave obligations.
What it means for employees
Employees, particularly young workers, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. Free advice and assistance are available through the Fair Work Infoline and website.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/december-2025/20251201-oloughlin-cn-penalty-media-releaseWant more cases like this?
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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 →