Sydney real estate agency penalised
The Fair Work Ombudsman has secured $18,290 in penalties and back-pay orders in court against a Sydney real estate agency and its director in a matter involving a young worker.
The Federal Circuit and Family Court has imposed a $12,375 penalty against Drew and Schofer Real Estate Pty Ltd, and a $2,475 penalty against the company’s sole director and owner, Graeme Ralph Drew.
The penalties were imposed in response to Drew and Schofer Real Estate’s failure to comply with a Compliance Notice, which required it to calculate and back-pay a junior real estate worker it employed on a full-time basis from July to September 2022, when he was aged 18. Mr Drew was involved in the contravention.
In addition to the penalties, the court has ordered Drew and Schofer Real Estate to back-pay the worker $3,440 in outstanding entitlements, 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 pay workers.
“Where employers do not comply, we will take appropriate action to protect employees. We welcome the penalties ordered, which follow the company and Mr Drew leaving this worker out of pocket for more than three years,” Ms Booth said.
“Employers should also be aware that taking action to protect young workers is an enduring priority for the FWO.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Drew and Schofer Real Estate in December 2022 after forming a belief the company had failed to pay the worker’s wages for all but the first few weeks of his employment and failed to pay his accrued but untaken annual leave entitlements at the end of his employment.
The entitlements were owed under the Real Estate Industry Award 2020 and the Fair Work Act’s National Employment Standards.
Judge Sheila Kaur-Bains found that after failing to comply with the Compliance Notice by the due date, the company and Mr Drew agreed to back-pay the affected worker $4,440 via a repayment plan but made only one $1,000 back-payment before failing to make any further payments.
“I find the non-compliance with the Compliance Notice was deliberate in so far as [Drew and Schofer Real Estate and Mr Drew] chose not to rectify the non-compliance with the Compliance Notice by making further payments to the employee as agreed or indicated and disregarded their obligations under the fair work legislation for an extended period of over three years,” Judge Kaur-Bains said.
“As at the date of this judgment, more than three years have passed since the Compliance Notice was required to be complied with.”
The company is not currently trading.
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.
In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.
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.
