Fair Work Ombudsman
Citation: FWO-2025-12-22-clark-projects-cn-penalty-media-release
At a glance
- Respondent
- Clark Projects Pty Ltd
- Penalty
- $25,000
- Employees affected
- 1
What happened
Clark Projects Pty Ltd, a Western Sydney construction company, has been penalised $25,000 by the Federal Circuit and Family Court. This followed their failure to comply with a Fair Work Ombudsman Compliance Notice. The notice related to underpayment of a casual labourer engaged for approximately seven weeks in August-September 2022. The company initially failed to backpay the worker until legal action was commenced. The Fair Work Ombudsman investigated after a worker requested assistance.
What was decided
The Federal Circuit and Family Court imposed a $25,000 penalty on Clark Projects Pty Ltd for failing to comply with a Compliance Notice. The court found the failure was deliberate and intended to deter similar behaviour. Clark Projects must also pay the worker outstanding superannuation and interest on back-payments. Judge Lisa Doust highlighted the disregard for obligations and the 16-month delay in rectifying the contraventions. The Fair Work Ombudsman recovered over $16.5 million in unpaid entitlements in the building and construction sector.
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 court-imposed penalties and additional payments to workers. The building and construction sector is a priority area for Fair Work Ombudsman enforcement. Employers should review their payroll practices and seek assistance if needed.
What it means for employees
Employees who believe they have been underpaid or are not receiving correct entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers resources and support for employees, including an interpreter service.
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-2025/20251222-clark-projects-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 →