Former tiling business operator in court
The Fair Work Ombudsman has commenced legal action against the former operator of a tiling business in the Central Coast region of New South Wales.
Facing court is sole trader Daniel Patrick Sullivan, whose business traded as T for Tiling.
The regulator investigated after receiving a request for assistance from a worker Mr Sullivan employed as a casual tiling labourer between April 2020 to July 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Sullivan in July 2022 after forming a belief he had paid the worker a flat hourly rate of $20, which was insufficient to cover the worker’s minimum wages, casual loading, overtime rates and Sunday penalty rates.
The inspector formed a belief these entitlements were owed under the Building and Construction General On-site Award 2010 and the Building and Construction General On-site Award 2020.
The FWO alleges Mr Sullivan, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements. A breach of pay slip laws is also alleged.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take business operators 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,” Ms Booth said.
“Improving compliance across the building and construction sector is one of our priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties against Mr Sullivan. He faces a penalty of up to $6,660 for the alleged failure to comply with the Compliance Notice and a penalty of up to $13,320 in relation to the alleged pay slip breach.
The regulator is also seeking a court order for Mr Sullivan to take the steps set out in the Compliance Notice, which includes rectifying the alleged underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 6 February 2024.
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.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Small businesses can find targeted resources at the Small Business Showcase.
