Electrical services business faces court
The Fair Work Ombudsman has commenced legal action against an electrical services business in Western Sydney.
Facing court is ECJ Group Pty Ltd, which trades as ECJ Electrical & Communications.
The regulator investigated after receiving a request for assistance from a worker ECJ Group employed on a full-time basis between May 2018 and September 2022.
The worker was employed as an adult apprentice until becoming an electrical worker in July 2022.
A Fair Work Inspector issued a Compliance Notice to ECJ Group in December 2023 after forming a belief the company had underpaid the worker’s minimum wages and annual leave entitlements, owed under the Electrical, Electronic and Communications Contracting Award 2020 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges ECJ Group, without a 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 ECJ Group was required to pay to comply with the Compliance Notice was $19,693.
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.
“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. ECJ Group faces a penalty of up to $46,950.
The regulator is also seeking an order for the company to pay the alleged outstanding amount to the employee.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 19 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. An interpreter service is available on 13 14 50. Employees can also seek information from their employer or 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 also available on our apprentices & trainees webpage.
