Carpentry business operator in court
The Fair Work Ombudsman has commenced legal action against the operator of a carpentry business in Melbourne.
Facing court is sole trader Ben John Gilling, whose business trades as Benaya Building Group.
The regulator investigated after receiving a request for assistance from a young worker Mr Gilling employed as a part-time apprentice carpenter between January 2021 and February 2022.
The worker, aged 16 to 17 at the time, was engaged in a first-year school-based apprenticeship.
A Fair Work Inspector issued a Compliance Notice to Mr Gilling in July 2023 after forming a belief Mr Gilling had underpaid the worker’s minimum wages, overtime and annual leave entitlements, including failing to pay him any wages for the last five months of work he performed.
The entitlements were allegedly owed under the Building and Construction General On-Site Award 2010 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Mr Gilling, without 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 Mr Gilling was required to pay to comply with the Compliance Notice was $4,151.
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, who can be vulnerable, is among our top priorities, as is improving compliance in the building and construction industry.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking a penalty in court for the alleged failure to comply with the Compliance Notice. Mr Gilling faces a penalty of up to $9,390.
The regulator is also seeking an order for Mr Gilling to pay the amount allegedly owing to the worker, plus superannuation and interest.
A hearing is listed in the Federal Circuit and Family Court in Melbourne on 4 November 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. 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 building and construction industry, apprentices and trainees and young workers and students webpages.
