Carpentry business operator penalised
The Fair Work Ombudsman has secured more than $9,000 in penalties and back-payment orders in court against the operator of a carpentry business in Melbourne, for a deliberate breach that impacted a young apprentice.
Sole trader Ben John Gilling, whose business trades as Benaya Building Group, has been penalised $5,071.
The Federal Circuit and Family Court imposed the penalty in response to Mr Gilling failing to comply with a Compliance Notice requiring him to back-pay a part-time apprentice carpenter he employed between January 2021 and February 2022.
The worker, aged 16 to 17 at the time, was engaged in a first-year school-based apprenticeship, which generally involve school work, off-the-job training and some paid work.
In addition to the penalty, the Court has ordered Mr Gilling to back-pay the worker a total of $4,151, plus interest and superannuation.
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to comply with the Compliance Notice.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers,” Ms Booth said.
“Employers also need to be aware that taking action to improve compliance in the building and construction sector and protect young workers are among our top priorities.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The Fair Work Ombudsman investigated the matter after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Mr Gilling in July 2023 after forming a belief that Mr Gilling underpaid the worker’s minimum wages, overtime and annual leave entitlements, including failing to pay him any wages for the last five months of work he performed.
The entitlements were owed under the Building and Construction General On-Site Award 2010 and the Fair Work Act’s National Employment Standards.
Deputy Chief Judge Patrizia Mercuri found that the failure to comply with the Compliance Notice was deliberate and the penalty should operate as an appropriate deterrent to Mr Gilling and other employers.
“It is relevant that the respondent was given numerous opportunities to rectify his non-compliance and he failed to do so. On the evidence before me, there is a risk that the respondent may engage in similar behaviour in the future such that any penalty must be set at a level which is going to have a realistic prospect of deterring him from doing so,” Judge Mercuri said.
The Fair Work Ombudsman recovered nearly $16.5 million in unpaid entitlements for employees across the entire building and construction sector between 10 November 2022 and 30 June 2025. (The FWO resumed responsibility for regulating Fair Work Act compliance in the commercial building and construction sector on 10 November 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. Employees can also seek information from their employer or their union, if they are a union member.
Resources, including for independent contractors, are available on our building and construction sector webpage.
Information is available for employees and employers at our apprentices and young workers and students webpages.
Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
