Shed building company and director penalised for breach
The Fair Work Ombudsman has secured a total of $29,300 in penalties in court against a shed building company and its director in Queensland.
The Federal Circuit and Family Court has imposed a $24,400 penalty against Pandanaut Projects Pty Ltd, which has operated businesses trading as ‘Frame Up’ and ‘Nuview Builders’ based at Redcliffe, and a $4,900 penalty against the company’s sole director and majority shareholder David Carter.
The penalties were imposed after Pandanaut Projects failed to comply with a Compliance Notice requiring it to calculate and back-pay entitlements owed to a worker it employed on a full-time basis as a construction worker in October-November, 2022.
The amount the company was required to pay to comply with the Compliance Notice was $4,087. The company back-paid the worker in full only 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,” Ms Booth said.
“Employers should also be aware that improving compliance in the building and construction industry is a priority for the FWO.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. They can also contact their union if they are a member.”
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Pandanaut Projects in July 2023 after forming a belief the company had failed to pay the worker any wages for 46 hours of work he performed, owed under the Building and Construction General On-site Award 2020.
The inspector also formed a belief that the worker was not paid his accrued but untaken annual leave entitlements at the end of his employment and was not paid one week’s wages in lieu of notice of termination, owed under the Fair Work Act’s National Employment Standards.
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.
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.
Small businesses can find targeted resources at the Small Business Showcase and information is available for employees and employers on our building and construction industry webpage.
