Bricklayer faces court
21 August 2023
The Fair Work Ombudsman discontinued these proceedings in August 2023.
The Fair Work Ombudsman has commenced legal action against the operator of a bricklaying business in Melbourne’s south-east.
Facing court is sole trader Enrico Thorwesten, who operates ‘Allotae Designs’, which provides bricklaying services in the residential construction industry.
The regulator investigated after receiving a request for assistance from a young worker Mr Thorwesten employed as a bricklayer’s labourer on a casual basis between June 2018 and May 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Thorwesten in February 2022 after forming a belief the worker, aged between 22 and 25 at the time, had not been paid all entitlements owed under the Building and Construction General On-site Award 2010 and the Building and Construction General On-site Award 2020.
The inspector formed a belief the worker was underpaid the minimum wage, casual loading, Saturday overtime rates, and travel and industry allowances.
The Fair Work Ombudsman alleges Mr Thorwesten, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s outstanding entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The Fair Work Ombudsman is seeking a penalty of up to $6,660 against Mr Thorwesten for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for Mr Thorwesten to rectify the alleged underpayment in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 1 February 2023.
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. An interpreter service is available on 13 14 50.
Small businesses can find targeted resources at the Small Business Showcase and information is available for employees and employers at our Young workers and students webpage.
