Former Wyong business penalised
25 May 2021
The Fair Work Ombudsman has secured a court-ordered penalty against the former operator of a civil construction business based in Wyong, NSW.
The Federal Circuit Court has imposed a $33,300 penalty against MDP Labour Pty Ltd, which provided services such as laying pipes and associated earthmoving. At the time of the contraventions MDP Labour Pty Ltd was contracted to provide services on behalf of NBN Co Ltd.
The penalty, which was the maximum available, was imposed in response to the company failing to comply with a Compliance Notice requiring it to calculate and back-pay entitlements owing to a former employee.
The former employee, then aged 20, had been employed by the company as a labourer since he was 16.
In addition to the penalty, the Court has ordered MDP Labour to comply with the Compliance Notice, which includes rectifying underpayments in full, plus superannuation and to pay interest.
Fair Work Ombudsman Sandra Parker said companies that fail to act on Compliance Notices face court-imposed penalties, in addition to having to back-pay underpaid staff.
“We make every effort to secure voluntary compliance with Compliance Notices but where they are not followed, we are prepared to take legal action to ensure workers receive all their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The Fair Work Ombudsman investigated MDP Labour after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to MDP Labour in May 2020 after forming a belief the company had not paid the employee his full lawful entitlements.
The inspector believed the employee had been underpaid public holiday pay and annual leave entitlements under the Fair Work Act’s National Employment Standards in his final pay.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. A free interpreter service is available on 13 14 50.
Know a workplace not doing the right thing but don’t want to get involved? Report it anonymously – in your language.
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Ryan Pedler, Assistant Director - Media
Mobile: 0411 430 902
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