21 July 2023

The Fair Work Ombudsman has commenced legal action against a construction company in Melbourne.

Facing court is Green Vic Pty Ltd.

The regulator investigated after receiving a request for assistance from a worker who was employed at the business as Finishes Foreman and then as a full-time Project Maintenance Manager between May 2019 and August 2022.

A Fair Work Inspector issued a Compliance Notice to Green Vic Pty Ltd in January this year after forming a belief the worker had not been paid personal leave entitlements, owed under the Fair Work Act’s National Employment Standards, for a period of leave he took in July 2022.

The Fair Work Ombudsman alleges Green Vic Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.

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,” Ms Hannah said.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

The FWO is seeking a penalty against Green Vic Pty Ltd. The company faces a penalty of up to $41,250 for the alleged failure to comply with the Compliance Notice.

The regulator is also seeking orders for Green Vic Pty Ltd to rectify the alleged underpayment in full, plus interest and superannuation.

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 14 August 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.