Landscaping company in court
5 April 2023
This matter was finalised in March 2023 with the Federal Circuit and Family Court declaring that Mr Hallam had breached the Fair Work Act through his involvement in the failure to comply with the Compliance Notice. Mr Hallam back-paid the worker in full after the Fair Work Ombudsman commenced legal action.
The Fair Work Ombudsman has commenced legal action against a landscaping company based in the Hawkesbury region of New South Wales and its director.
Facing court is Regional Landscape Construction Pty Ltd and its sole director Bradley Mark Hallam.
The regulator investigated after receiving a request for assistance from a young worker Regional Landscape Construction had employed on a full-time basis as an apprentice landscaper between March 2019 and December 2020.
A Fair Work Inspector issued a Compliance Notice to Regional Landscape Construction in March 2022 after forming a belief the worker, aged 16 when his employment commenced, was not paid his accrued but untaken annual leave entitlements on termination of employment, owed under the Fair Work Act’s National Employment Standards.
The worker is allegedly owed a total of $3,133.
The Fair Work Ombudsman alleges Regional Landscape Construction, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
It is alleged Mr Hallam was involved in the contravention.
Acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Hannah said.
The FWO is seeking penalties for the alleged failure to comply with the Compliance Notice. Regional Landscape Construction Pty Ltd faces a penalty of up to $33,300 and Mr Hallam faces a penalty of up to $6,660.
The regulator is also seeking an order for Regional Landscape Construction to comply with the Compliance Notice, which includes rectifying the alleged underpayment in full, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 7 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. 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 apprentices and trainees and young workers and students webpages.
