Earthmoving company penalised
The Fair Work Ombudsman has secured a total of $34,128 in penalty and back-pay orders in Court against the operators of a Brisbane earthmoving and quarry supply company.
The Federal Circuit and Family Court has imposed a $8,991 penalty against Rockhammer Earthmoving Pty Ltd, which is based in Woolloongabba and provides earthmoving services as well as quarry products such as gravel, rock, sand and mulch.
The penalty was imposed in response to the company failing to comply with a Compliance Notice requiring it to back-pay entitlements to a construction worker it employed between August 2017 and April 2020.
In addition to the penalty, the Court ordered Rockhammer Earthmoving back-pay the worker $25,137. The company has complied with the Court order.
Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive all their lawful entitlements,” Ms Booth said.
“Employers also need to be aware that taking action to improve compliance in the building and construction sector is a priority for the Fair Work Ombudsman. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to the company in May 2021 in response to the worker being underpaid minimum wages, casual loading and overtime rates owed under the Building and Construction General On-site Award 2010.
All building and construction industry employers and employees can seek sector-specific workplace information, advice and assistance from the Fair Work Ombudsman.
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.
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.
