Court dismisses legal action
5 June 2015
The Federal Circuit Court has dismissed the Fair Work Ombudsman’s legal action against a Perth electrical business.
In 2010, the Fair Work Ombudsman commenced legal action D’Adamo Nominees, which trades as the Wangara-based business L&A Electrics.
It was alleged that L&A Electrics underpaid an 18-year-old employee $9892.
The Court found that the employee was not an apprentice, because his apprenticeship agreement was not signed by a parent or guardian as required under the Industrial Training Act 1975.
The Court also dismissed the Fair Work Ombudsman’s submission that the Electrical Contracting Industry Award 1978 applied to the employee on the basis of a factual finding that the employee did not fit within the classification of “electrical assistant” under the Award.