Fair Work Ombudsman
Citation: FWO-2025-12-11-gilling-penalty-media-release
At a glance
- Penalty
- $9,000
- Employees affected
- 1
What happened
Ben John Gilling, the sole trader of Benaya Building Group in Melbourne, has been penalised for failing to comply with a Compliance Notice. The Fair Work Ombudsman investigated after a request from a young apprentice carpenter who was employed between January 2021 and February 2022. The apprentice, aged 16 to 17, was engaged in a school-based apprenticeship. A Fair Work Inspector issued the Compliance Notice in July 2023, believing Mr Gilling had underpaid minimum wages, overtime, and annual leave entitlements. The worker is owed entitlements under the Building and Construction General On-Site Award 2010 and the Fair Work Act’s National Employment Standards.
What was decided
The Federal Circuit and Family Court imposed a penalty of $5,071 on Mr Gilling. He was also ordered to back-pay the apprentice $4,151, plus interest and superannuation. The court found Mr Gilling’s failure to comply with the Compliance Notice was deliberate and to act as a deterrent. Deputy Chief Judge Mercuri noted Mr Gilling had multiple opportunities to rectify the non-compliance. The Fair Work Ombudsman has recovered nearly $16.5 million in unpaid entitlements in the building and construction sector since November 2022.
What it means for employers
Employers must act on Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties and back-payment orders. The building and construction sector, and the protection of young workers, are key priorities for the FWO. Employers should review their payroll practices and seek assistance if needed.
What it means for employees
Employees concerned about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. Apprentices and young workers are particularly encouraged to seek help if they believe they are being underpaid or not receiving their correct entitlements.
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-2025/20251211-gilling-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 →