Former carpentry business operator in court
17 September 2024
This matter was finalised in August 2024 with the Federal Circuit and Family Court imposing a $1,000 penalty against Mr Salmon. Mr Salmon back-paid the worker in full after the Fair Work Ombudsman commenced legal action.
The Fair Work Ombudsman has commenced legal action against the former operator of a carpentry business in Victoria’s South Gippsland region.
Facing court is sole trader Daniel Alan Salmon, whose business traded as D. Salmon Carpentry.
The regulator investigated after receiving a request for assistance from a young worker Mr Salmon employed as a full-time apprentice carpenter between July 2019 and June 2021.
The worker was aged between 18 and 20 during his employment.
A Fair Work Inspector issued a Compliance Notice to Mr Salmon in December 2022 after forming a belief that the worker had been underpaid minimum wages during his employment, was not paid any wages for his final two weeks of work and was not paid accrued but untaken annual leave entitlements at the end of his employment.
These were entitlements under the Building and Construction General On-site Award 2010, the Building and Construction General On-site Award 2020 and the Fair Work Act’s National Employment Standards.
The FWO alleges Mr Salmon, 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 businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. Protecting young workers is also a priority. 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 against Mr Salmon. He faces a penalty of up to $8,250 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 Salmon 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 Melbourne on 11 October 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. 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 information is available for employees and employers at our apprentices and trainees and young workers and students webpages.
