The Fair Work Ombudsman has commenced legal action against the operator of a construction industry business in New South Wales.
Facing court is sole trader Matthew John Patton, who owns and operates a business trading as 'Dirty Bits Decorative Concrete Coatings', providing concrete coating and cleaning services in the Illawarra region and Sydney.
The regulator investigated after receiving a request for assistance from a worker that Mr Patton employed on a casual basis as a construction worker from January to March, 2022.
A Fair Work Inspector issued a Compliance Notice to Mr Patton in June 2023 after forming a belief he had underpaid the worker's minimum casual hourly rate and overtime entitlements, owed under the Building and Construction General On-site Award 2020.
The Fair Work Ombudsman alleges Mr Patton, without a reasonable excuse, failed to fully comply with the Compliance Notice, which required him to calculate and back-pay the worker's entitlements.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take business operators 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 operator to pay penalties, and to take steps to comply with a Compliance Notice including calculating and back-paying entitlements," Ms Booth said.
"Employers should also be aware that improving compliance in the building and construction industry is a priority for the FWO.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
Mr Patton faces a penalty of up to $9,390 in court for the alleged failure to comply with the Compliance Notice.
The regulator is also seeking a court order requiring Mr Patton to comply with the Compliance Notice including calculating and rectifying any outstanding entitlements, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 21 May 2025.
