12 August 2024

The Fair Work Ombudsman has commenced legal action against the operator of an engineering services business in the Central Tablelands region of New South Wales.

Facing court is sole trader Christopher Justin Eagle, who owns and operates ‘Eagletech Engineering’, which is based in Orange and specialises in steam engine and rolling stock management and maintenance. The business was formerly located in Lithgow.

The regulator investigated after receiving a request for assistance from a worker who was employed by Mr Eagle as a fitter and machinist at the Lithgow site between January 2019 and March 2023.

The worker, aged 21 to 25 during his employment, was engaged as an apprentice before moving into a qualified tradesperson role on completion of his apprenticeship in October 2022.

A Fair Work Inspector issued a Compliance Notice to Mr Eagle in August 2023 after forming a belief that Mr Eagle had failed to pay the worker any wages for several months of work performed for Eagletech Engineering during the apprenticeship. This included Mr Eagle allegedly failing to pay the worker anything at all on 17 different occasions when the worker’s fortnightly pay was due.

The inspector formed a belief the worker was owed minimum wages under the Manufacturing and Associated Industries and Occupations Award 2010 and 2020, and annual leave entitlements under the Fair Work Act’s National Employment Standards.

The Fair Work Ombudsman alleges Mr Eagle, without a reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.

It is alleged that the amount the employer was required to pay to comply with the Compliance Notice was $36,074, plus superannuation.

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 and make payments to workers,” Ms Booth said.

“Employers also need to be aware that taking action to protect young workers is among our top priorities. 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 the Compliance Notice. Mr Eagle faces a penalty of up to $9,390.

The regulator is also seeking an order for Mr Eagle to pay the alleged amount owing to the employee, plus superannuation and interest.

A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 12 August 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. An interpreter service is available on 13 14 50. Employees can also seek information from their employer and their union, if they are a union member.

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 and information is available for employees and employers on our apprentices and trainees and young workers and students webpages.