Sydney real estate agency in court
The Fair Work Ombudsman has commenced legal action against a Sydney real estate agency and its sole director in a matter involving a young worker.
Facing court are Drew and Schofer Real Estate Pty Ltd, which was based in Balmain, and the company’s sole director and shareholder, Graeme Ralph Drew.
A Fair Work Inspector issued a Compliance Notice to Drew and Schofer Real Estate Pty Ltd in December 2022 after forming a belief that it had underpaid a junior real estate worker it employed on a full-time basis from July to September 2022, when he was aged 18.
The inspector formed a belief that the company had failed to pay the worker’s wages for all but the first few weeks of his employment and failed to pay his accrued but untaken annual leave entitlements at the end of his employment.
It is alleged that the entitlements were owed under the Real Estate Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Drew and Schofer Real Estate Pty Ltd, 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 Mr Drew was involved in the contravention.
It is alleged that the amount the company is still required to pay to comply with the Compliance Notice is $3,440.
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 should also be aware that taking action to protect young workers is a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Drew and Schofer Real Estate Pty Ltd faces a penalty of up to $41,250 and Mr Drew faces a penalty of up to $8,250.
The regulator is also seeking an order requiring the company comply with the Compliance Notice, including paying the alleged outstanding amount to the worker plus interest and superannuation.
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.
Information is available for employees and employers at our young workers and students webpage.
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.
