The Fair Work Ombudsman has secured a $20,000 penalty in court against a civil works company located in the Gold Coast hinterland region in Queensland.
The Federal Circuit Court has imposed the penalty against TKN Civil Works 2019 Pty Ltd, which is based at Maudsland and provides services such as earthmoving within the construction industry.
The penalty was imposed in response to the company breaching the Fair Work Act by failing to comply with a Compliance Notice.
The Court has also ordered TKN Civil Works 2019 Pty Ltd to take the action required by the Compliance Notice, which includes calculating and rectifying the underpayment owed to the worker in full, plus interest.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The Fair Work Ombudsman investigated after receiving a request for assistance from a worker who had been employed by TKN Civil Works 2019 Pty Ltd as an estimator/project manager.
A Fair Work Inspector issued a Compliance Notice to the company in November 2020 after forming a belief that the worker had not been paid his untaken accrued annual leave and leave loading entitlements when his employment ended in 2020.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.