Electrical services company fined
The Fair Work Ombudsman has secured $29,700 in penalties in court against the operators of a Melbourne-based electrical services company for a breach affecting a young worker.
The Federal Circuit and Family Court has imposed a $24,750 penalty against New Switch Electrical Pty Ltd, based at Tullamarine, and a $4,950 penalty against the company’s sole director, Mark Ladores Tan.
The penalties were imposed in response to New Switch Electrical failing to comply with a Compliance Notice, which required it to calculate and back-pay a young worker’s entitlements. Mr Tan was involved in the contravention.
The company employed the worker initially as a fourth-year apprentice, before he became a full-time electrician. The company employed the worker between August 2021 and September 2022, when he was aged 23 to 24.
In addition to the penalties, the Court has ordered New Switch Electrical to take the actions required by the Compliance Notice, including calculating and rectifying any underpayments, plus 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.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Booth said.
“Employers also need to be aware that taking action to protect young workers, which can often include apprentices, and improving compliance in the building and construction sector are among our top priorities.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
The regulator issued a Compliance Notice to New Switch Electrical in December 2022 after forming a belief the worker was underpaid wages and annual leave entitlements owed under the Electrical, Electronic and Communications Contracting Award 2020 and the Fair Work Act’s National Employment Standards.
In her judgment, Judge Catherine Symons said failing to comply with a Compliance Notice was a “serious matter” and found there was a need to impose penalties to deter New Switch Electrical and Mr Tan from similar future conduct.
“This reflects the fact that there is a proper basis to find that neither respondent has demonstrated any insight or contrition around the failure to comply with the [Compliance] Notice and has not cooperated with the Ombudsman at any stage of the proceeding or at any stage prior to its commencement,” Judge Symons 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 about their rights and obligations in the workplace.
A free interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a member.
Information is available for employees and employers on our apprentices and trainees and young workers and students webpages.
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.
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.
Information is available for employees and employers at our building and construction industry webpage.
