Landscaping company in court
The Fair Work Ombudsman has commenced legal action against a Sydney landscaping company and its director.
Facing court are Precise Fencing and Landscaping Pty Ltd and the company’s sole director Kurt John Dean.
The regulator investigated after receiving a request for assistance from a landscape gardener the company employed on a full-time basis between July 2021 and March 2022.
A Fair Work Inspector issued a Compliance Notice to Precise Fencing and Landscaping in May 2022 after forming a belief the worker was not paid accrued but untaken annual leave entitlements owed at the end of his employment under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Precise Fencing and Landscaping, 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 Dean 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 in court for the alleged failure to comply with the Compliance Notice. Precise Fencing and Landscaping faces a penalty of up to $33,300 and Mr Dean faces a penalty of up to $6,660.
In addition, the regulator is seeking a court order for the company to rectify the alleged underpayments in full, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 8 September 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.
