Bricklaying business operator penalised
The Fair Work Ombudsman has secured a $13,786 penalty in court against the operator of a Melbourne-based bricklaying business for contraventions affecting a young apprentice.
The Federal Circuit and Family Court has imposed the penalty against sole trader Mark Joseph Sarlija, who operates ‘Sarlijas Brick & Block Laying’ in Clyde North, in Melbourne’s south-east.
The penalty was imposed in response to Mr Sarlija being involved in failing to comply with a Compliance Notice requiring the calculation and back-payment of entitlements to a young apprentice bricklayer he employed and failing to issue the apprentice with pay slips.
Mr Sarlija employed the worker full time at his business between August and November 2020. The worker was aged 23 at the time.
In addition to the penalty, the Court has ordered Mr Sarlija to take the steps required by the Compliance Notice, including back-paying the worker in full, plus interest and superannuation.
Acting Fair Work Ombudsman Kristen Hannah said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Hannah said.
“Employers also need to be aware that taking action to protect vulnerable workers, like young workers, continues to be a priority for the FWO. Any employees with concerns about their pay or entitlements should contact the FWO for free assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Mr Sarlija in October 2021 after forming a belief he had not paid the worker all entitlements owed under the Building and Construction General On-site Award 2010 and the Fair Work Act’s National Employment Standards.
The inspector formed a belief the worker was underpaid the adult apprentice minimum wage, Saturday penalty rates, overtime rates and annual leave entitlements.
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 apprentices and trainees webpage.
