The Fair Work Ombudsman won $29,970 in court fines against the operators of a plumbing business in Wagga Wagga, NSW.
The Federal Circuit and Family Court fined Garry Bateman Plumbing Pty Ltd $24,975 and $4,995 against the company’s sole director, Mr. Garry Bateman.
The penalties were imposed in response to Garry Bateman Plumbing Pty Ltd’s failure to comply with a compliance notice requiring the calculation and repayment of duty owed to a young apprentice plumber. Mr. Bateman was implicated in the ticket.
The Court also ordered Garry Bateman Plumbing Pty Ltd to take the action required by the compliance notice, which includes calculating and rectifying the alleged underpayment in full, plus interest and superannuation.
Fair Work ombudsman Sandra Parker said business operators who fail to act on compliance notices should be aware that they may face court-imposed penalties in addition to having to pay workers back .
“When compliance notices are not followed, we are prepared to take legal action to ensure that workers receive their legitimate rights,” Ms Parker said.
“Any employees with concerns about their pay or their rights should contact us for free advice and assistance,” Ms Parker said.
Imposing the penalties, Judge Nicholas Manousaridis said he accepted the FWO’s argument that Garry Bateman Plumbing’s failure to comply with the Notice of Compliance made the worker ‘less able’ to meet his expenses .
“The penalty should be set at a level that signals not only to employers in the plumbing services industry, but to all employers that willful non-compliance with a Notice of Compliance…will result in a significant penalty,” Son wrote. Honor.
The FWO opened an investigation after receiving a request for assistance from the affected worker, who had been employed full-time by Garry Bateman Plumbing between January and July 2020.
The worker was between the ages of 18 and 19 during the period of employment.
A Fair Work Inspector issued a compliance notice to Garry Bateman Plumbing in June 2021 after believing the worker had been underpaid by the Apprentice Minimum Wage under the 2010 Plumbing and Fire Sprinklers Award and rights to annual leave under national employment standards.