FWO prosecution against bricklaying business

FWO prosecution against bricklaying business

The Fair Work Ombudsman (FWO) has commenced legal action in the Federal Circuit and Family Court against a Victorian bricklaying business following complaints from a former employee that the business had failed to pay various entitlements under the relevant Federal awards.

The business, ‘Allotae Designs,’ is operated by a sole trader, Enrico Thorwestern, who primarily provides bricklaying services to the residential construction sector in Melbourne’s southeast.

The FWO began an investigation into the business following complaints from a brickie’s labourer who had been employed by the business on a casual basis between June 2018 and May 2021.

In February 2022, a Fair Work Inspector issued Compliance Notices against the business suggesting that the labourer had been underpaid the minimum award wage, casual loading, Saturday overtime rates, and travel and industry allowances.

The relevant Modern awards are the Building and Construction General On-site Award 2010 and the Building and Construction General On-site Award 2020.

The regulator alleges that Mr Thorwestern was aware of the contraventions and failed to calculate and back-pay the former worker’s outstanding entitlements.

One of the FWO’s key functions is to investigate possible breaches of workplace laws, and they have shown an increasing desire to initiate legal action against businesses that are unwilling to act reasonably when claims are made.

Fair Work Ombudsman Sandra Parker commented, “Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A

In accordance with the Fair Work Act 2009, the FWO is seeking a penalty of up to $6,600 for the alleged contraventions, as well as the unpaid entitlements, superannuation and interest.

Bricklayer faces court – Fair Work Ombudsman

For questions about the FWO, Compliance Notices, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 925 529 or via email to dean.cameron@workforceadvisory.com.au

Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.

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