Sydney construction business faces court
The Fair Work Ombudsman has commenced legal action against a Western Sydney construction business.
Facing court is Clark Projects Pty Ltd, an Earlwood-based company that builds demountable and portable buildings.
The regulator investigated after receiving a request for assistance from a former employee, who was engaged as a casual labourer for about seven weeks in August and September 2022.
A Fair Work Inspector issued a Compliance Notice to Clark Projects in June 2023 after forming a belief that the former employee was underpaid the casual ordinary rate, and was not paid at all for hours worked – ordinary or overtime – for about the last fortnight of their work.
The inspector formed a belief the wages were owed under the Building and Construction General On-site Award 2020.
The Fair Work Ombudsman alleges Clark Projects, without reasonable excuse, failed to comply with the Compliance Notice which required it 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 $4,583, 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.
“Improving compliance in the building and construction industry is also a priority for the Fair Work Ombudsman. Anybody with concerns about their entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking a penalty in court. Clark Projects Pty Ltd faces a penalty of up to $46,950 for the alleged failure to comply with the Compliance Notice.
The regulator is also seeking an order for the company to pay the alleged amount owing to the employee, plus superannuation.
A hearing is listed in the Federal Circuit and Family Court in Sydney on 13 September 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. Issues can also be reported online anonymously, including in languages other than English.
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.
Building and construction sector-specific information can also be found on FWO’s website. Small businesses can find targeted resources at the Small Business Showcase.
