The Fair Work Ombudsman has secured a total of $40,739 in penalties in court against a labour hire company operating in the building and construction industry and its owner.
The Federal Circuit and Family Court has imposed a $34,048.95 penalty against ASA Personnel Pty Ltd, which operates in Victoria and Queensland, and a $6,690.37 penalty against the company's sole director and shareholder, Steven Lloyd Richardson.
The penalties were imposed in response to ASA Personnel failing to comply with a Compliance Notice, issued in June 2023, requiring it to calculate and back-pay entitlements owed to 13 workers it employed on a casual basis as labourers between April and November 2020.
At the time, a Fair Work Inspector had formed a belief that the company had underpaid the workers a total of $236,100.
The workers performed work on construction sites in Toongabbie, Rosedale and Drouin South in eastern Victoria.
The company completed back-payments to the workers in full, and associated superannuation payments, earlier this year, almost three years after the payment deadline associated with the Compliance Notice.
The Court has now also ordered ASA Personnel to make interest payments to the workers.
ASA Personnel's head office is at Dandenong in Melbourne, and it has offices at Morwell in Victoria's Gippsland region and in Brisbane.
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to pay workers.
"The payments for workers in this case were significant, and they should not have had to wait nearly three years to receive them," Ms Booth said.
"Employers should be aware that improving compliance in the building and construction industry is a priority for the FWO.
"Nationally, the Fair Work Ombudsman recovered more than $17 million in unpaid entitlements for employees across the building and construction sector in the three years to June 2025.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. They can also contact their union if they are a member."
The Fair Work Ombudsman investigated after the transfer of an earlier investigation by the former Australian Building and Construction Commission in December 2022.
A Fair Work Inspector issued the 2023 Compliance Notice to ASA Personnel after forming a belief the company had underpaid the 13 workers' casual loadings and had underpaid all but one of the workers' minimum-engagement pay and overtime entitlements, owed under the applicable enterprise agreement.
Judge Catherine Symons found that back-payments were made to affected workers "very late" and said there was scant evidence ASA Personnel is "truly sorry for the contravention".
Judge Symons found that Mr Richardson had displayed "a distinct lack of empathy" towards the affected workers and offered no apology to them.
Her Honour said penalties were needed to deter similar conduct in future.
