Construction company penalised
A $25,000 penalty has been imposed in court against a Gold Coast construction company.
The Federal Circuit and Family Court has imposed the penalty against Mac-Worx Pty Ltd for failing to comply with Compliance Notices requiring it to back-pay entitlements to two construction workers it employed.
The Court has also ordered the company to take the steps required by the Compliance Notices, by back-paying the workers’ outstanding entitlements in full, plus interest.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.
“When Compliance Notices are not followed, legal action can be taken against employers to ensure workers receive their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
Prior to its abolition, the Australian Building and Construction Commission investigated after receiving requests for assistance from the affected workers.
The ABCC issued the Compliance Notices in March and August, 2022, after an ABCC Inspector formed a belief that the workers were underpaid wages and other entitlements under the Building and Construction General Onsite Award 2020 and the National Employment Standards.
The ABCC commenced legal action after the Compliance Notices were not complied with, and responsibility for the case transferred from the ABCC to the Fair Work Ombudsman in December 2022. The Fair Work Ombudsman also has powers to issue Compliance Notices.
For more information about abolition of the ABCC and transfer of matters to the FWO, see: Abolition of the ABCC and ROC.
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.
