Melbourne carpentry business faces court
The Fair Work Ombudsman has commenced legal action against a carpentry business based in Melbourne’s eastern suburbs for alleged breaches impacting young workers.
Facing court is Bryan Builders Pty Ltd, based in Bayswater.
The regulator investigated after receiving requests for assistance from two workers Bryan Builders employed on a full-time basis between February 2019 and February 2023. The workers were aged 20 and 21 years old at the time.
It is alleged they were employed as apprentices, with one of the workers qualifying as a carpenter in 2022.
A Fair Work Inspector issued a Compliance Notice to Bryan Builders in September 2023 after forming a belief the company failed to pay the workers their accrued annual leave entitlements at the end of their employment. The company also allegedly failed to reimburse one of the young workers his apprenticeship tuition fees.
The workers’ minimum entitlements were owed under the Building and Construction General On-Site Award 2010 and 2020.
The Fair Work Ombudsman alleges Bryan Builders, without a reasonable excuse, failed to fully comply with the Compliance Notice, which required it to calculate and back-pay the workers’ entitlements.
It is alleged the total amount the company was required to pay to comply with the Compliance Notices was $13,027.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests were not complied with.
“Where employers do not comply, we will take appropriate action to protect employees,” Ms Booth said.
“Alleged payments owed of more than $13,000 are significant for any two workers, but especially for young workers.
“Employers should be aware that taking action to protect young workers, who may be vulnerable, and improving compliance in the building and construction industry are priorities for us.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO is seeking a penalty in court for the alleged failure to comply with the Compliance Notice. Bryan Builders Pty Ltd faces a penalty of up to $46,950.
The regulator is also seeking an order for the company to comply with the Compliance Notice, including paying the amounts allegedly owing to the workers, and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 19 January 2026.
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.
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 has an online anonymous report tool, including options to report in languages other than English, and information for migrant workers, including on protections for their visas, is available at our visa holders and migrants webpage.
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.
