Breach left family breadwinner needing to borrow heavily from parents

24 April 2026

The Fair Work Ombudsman has secured $21,549 in court penalties against the operators of a printing and signage business that manufactures and installs signs in the greater southern region of Western Australia.

The Federal Circuit and Family Court has imposed a $17,958 penalty against Hidewood Enterprises Pty Ltd, which operates Hidewood Signs and Print in Albany, and a $3,591 penalty against the company’s director, Pieter Berkelaar.

The penalties were imposed in response to Hidewood Enterprises failing to comply with a Compliance Notice, which required it to back-pay a worker it employed on a full-time basis as a graphic designer between 2013 and 2023. Mr Berkelaar was involved in the contravention.

Hidewood Enterprises back-paid the worker $13,791 (gross) owing to him only in June 2025, after the Fair Work Ombudsman commenced legal action.

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. A court can order a business to pay penalties and to make payments to workers,” Ms Booth said.

“The details of this case serve as a reminder that non-compliance with workplace laws can have serious personal impacts on workers in their everyday lives, including fundamental matters like being able to provide for their families.

“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 Hidewood Enterprises in July 2023 after forming a belief that the company had underpaid the worker his minimum wages and personal leave entitlements and failed to pay his accrued annual leave entitlements when his employment ended.

The entitlements were owed under the Graphic Arts, Printing and Publishing Award 2020 and the Fair Work Act’s National Employment Standards.

Judge Anastasis Liveris found that the failure to comply with the Compliance Notice was deliberate and that Mr Berkelaar and Hidewood Enterprises had prioritised their own interests over their responsibilities to the affected worker.

Judge Liveris noted that the affected worker was the “family breadwinner”, with two young children and a mortgage, and had been “living week to week, from paycheck to paycheck” while employed by Hidewood Enterprises.

His Honour found that the worker had been deprived of his full lawful entitlements for approximately two years, “which had a significant impact on his personal and financial circumstances”. This included being required to borrow heavily from his parents.

Judge Liveris found that while Mr Berkelaar had displayed evidence of contrition, there was no evidence he had apologised to the worker or directly acknowledged the consequences of his conduct for the worker.

“There is no statement of contrition for the consequences of non-compliance for [the worker] and his personal and family circumstances,” Judge Liveris said.

Judge Liveris found there was a need to impose penalties to deter other business operators from similar conduct in future.

“Failures to comply with compliance notices are serious. The penalties are required to deter against non-compliance as undermining statutory enforcement mechanisms,” Judge Liveris said.

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.

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.

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Media inquiries:

Ryan, 0411 430 902, media@fwo.gov.au