Installation and fit-out business in court
The Fair Work Ombudsman has commenced legal action against a company that operates a domestic and commercial installation and fit-out business in Victoria.
Facing court is Turn-Key Fitout Pty Ltd, which is based in Melbourne.
The regulator began an investigation after receiving a request for assistance from a junior cabinet maker who had been employed by Turn-Key Fitout on a full-time basis between May 2020 and May 2021, when he was aged between 19 and 20 years old.
A Fair Work inspector issued a Compliance Notice to Turn-Key Fitout in September 2021 after forming a belief that the worker was underpaid wages and annual leave entitlements under the Timber Industry Award 2010, the Timber Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Turn-Key Fitout, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s outstanding entitlements. A breach of pay slip laws is also alleged.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The FWO is seeking penalties. Turn-Key Fitout faces a penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice and a penalty of up to $66,600 for the alleged pay slips contravention.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying the alleged underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 23 May 2022.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.