2 July 2024

The Fair Work Ombudsman has commenced legal action against a plumbing company in Victoria’s east.

Facing court is Clear Plumbing Services Pty Ltd, which operates in the Gippsland region, and the company’s sole director, Cameron Nigel Lear.

The regulator investigated after receiving a request for assistance from a young worker Clear Plumbing Services employed on a full-time basis between April 2021 to April 2022, when the worker was aged 17 to 18.

A Fair Work Inspector issued a Compliance Notice to Clear Plumbing Services in August 2023 after forming a belief the worker was underpaid minimum wages owed under the Plumbing and Fire Sprinklers Award 2020.

The Fair Work Ombudsman alleges Clear Plumbing Services, without reasonable excuse, failed to comply with a Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Lear was involved in the contravention.

The worker was initially employed on a weekly hire basis before moving into a plumbing apprenticeship in July 2021.

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 take steps to comply with a Compliance Notice including calculating and back-paying entitlements,” 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, Clear Plumbing Services faces a penalty of up to $46,950 and Mr Lear faces a penalty of up to $9,390.

The regulator is also seeking a court order requiring Clear Plumbing Services to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest and superannuation.

A hearing is listed in the Federal Circuit and Family Court in Melbourne on 19 July 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 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 and information is available for employees and employers at our young workers and students and apprentices and trainees webpages.