Residential building and construction services business penalised
The Fair Work Ombudsman has secured a total of $6,664 in penalty and back-pay orders in court against the operator of a residential building and construction services business in south-west Sydney, after he failed to back-pay a 15-year-old worker.
The Federal Circuit and Family Court has imposed a $5,328 penalty against Humza Moussa, who operated Xteria Designs in Leppington.
The penalty was imposed in response to Mr Moussa failing to comply with a Compliance Notice requiring him to calculate and back-pay entitlements to a worker he employed on a casual basis as a labourer between November 2021 and January 2022.
At the time, the worker was aged 15 and Mr Moussa was operating the business as a sole trader.
In addition to the penalty, the Court has ordered Mr Moussa to back-pay the worker $1,336, plus superannuation and interest.
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 will continue to take legal action to protect employees. Employers who fail to act on these notices risk substantial penalties and back-pay orders,” Ms Booth said.
“Improving compliance in the building and construction industry and protecting young workers are among our top priorities.
“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 Mr Moussa in August 2022 after forming a belief the worker was owed entitlements under the Building and Construction General On-site Award 2020.
The inspector formed a belief that Mr Moussa did not pay the worker any wages for the final two weeks of work he performed, resulting in the underpayment of his casual minimum wage, casual loading and industry allowances.
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. Employees can also seek information from their employer or their union, if they are a 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 at our young workers and students and building and construction industry webpages.
