Former operators of water management and drainage business face court
The Fair Work Ombudsman has commenced legal action against the former operators of a water management and drainage supplies business.
Facing court is H-TEQ Pty Ltd, which formerly operated ‘Hydro Construction Products’ at various locations in Queensland, New South Wales and Victoria.
Also facing court is the company’s sole director, Ian Robert Turner.
The regulator investigated after receiving a request for assistance from a worker H-TEQ Pty Ltd had employed as full-time warehouse storeperson at a warehouse in Minto, in Sydney’s south-west, between April 2019 and March 2021.
A Fair Work Inspector issued a Compliance Notice to H-TEQ Pty Ltd in February 2022 after forming a belief the worker was not paid accrued but untaken annual leave entitlements when his employment ended, owed under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges the company, 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 Turner was involved in the contravention.
Fair Work Ombudsman Sandra Parker 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 Parker said.
The FWO is seeking penalties for the alleged failure to comply with the Compliance Notice. H-TEQ Pty Ltd faces a penalty of up to $33,300 and Mr Turner faces a penalty of up to $6,660.
The regulator is also seeking orders 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 Brisbane on 7 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.
NOTE: Hydro Construction Products now has new operators. The Fair Work Ombudsman makes no allegations against the current operators of the business.
