Recent Fair Work Ombudsman compliance investigations and prosecutions
The Fair Work Ombudsman (FWO) plays a significant role in investigating complaints of non-compliance by employers regarding workers legal entitlements to be paid, award rates of pay and leave entitlements.
The FWO has provided summaries of several recent cases where they have taken action against employers in various industries, including:
In August 2021, securing a penalty in the Federal Circuit Court of $3,000 against a Brisbane painting business for underpaying two employees. It was alleged that one of the employees was paid $150 for all hours worked, including a $30 fuel allowance, and the other worker was not paid at all.
In August 2021, pursuing a Victorian business that specialises in locating underground cables. It is alleged that an employee was not paid for 146 hours of accrued but untaken annual leave following termination, in breach of the National Employment Standards.
In September 2021, commencing action against a Victorian construction business which it is alleged underpaid minimum rates for ordinary hours, overtime rates, and annual leave entitlements.
In September 2021, commencing legal action against a Melbourne landscaping business for failing to pay minimum award entitlements. It is also alleged that the employer issued false or misleading payslips to a worker.
The FWO has the legal ability to request employers to repay unpaid wages and entitlements and seek penalties against employers for non-compliance.
For questions about ensuring compliance, the FWO, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 1300 WAL LAW, 0417 622 178 or via email to firstname.lastname@example.org
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.