Former construction business operator in court
The Fair Work Ombudsman has commenced legal action against the former operator of two construction businesses in Melbourne’s south-east.
Facing court is Lachlan Robert Oliver, who formerly owned and operated a company that traded as LROC Builders Pty Ltd and operated another business, L.R. Oliver Carpentry, as a sole trader.
LROC Builders Pty Ltd is also a respondent to the Fair Work Ombudsman’s legal action.
LROC Builders and L.R. Oliver Carpentry were based at the same location in Carrum Downs, before they ceased trading.
The Fair Work Ombudsman investigated after receiving requests for assistance from four carpenters, including three employed by LROC Builders Pty Ltd and one employed directly by Mr Oliver to work at L.R. Oliver Carpentry.
The carpenters were employed for various periods between December 2018 and April 2022.
The carpenters employed by LROC Builders included a young worker aged 22 and an apprentice aged 24, at the time of employment.
Fair Work Inspectors issued a Compliance Notice to Mr Oliver in April 2022 and Compliance Notices to LROC Builders Pty Ltd in December 2022 and March 2023, after forming a belief the four carpenters had not been paid their full lawful entitlements.
It is alleged they were underpaid minimum wages, overtime entitlements, fare-and-travel allowances, leave entitlements and public holiday pay, under the Building and Construction General On-site Award 2010, Building and Construction General On-site Award 2020 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Mr Oliver and LROC Builders Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notices, which required them to calculate and back-pay the workers’ entitlements.
It is alleged a total of $52,039, including superannuation, is owed to the workers.
Fair Work Ombudsman Anna Booth 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,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court for the alleged failure to comply with Compliance Notices. Mr Oliver faces penalties of up to $6,660 to $8,250 per contravention in relation to three Compliance Notices and LROC Builders Pty Ltd faces a penalty of up to $41,250 per contravention in relation to two Compliance Notices.
In addition, the regulator is seeking court orders for Mr Oliver and LROC Builders Pty Ltd to rectify the alleged underpayment amounts to each worker in full, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 7 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 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 and young workers and students webpages.
