Engineering business operator faces court

The Fair Work Ombudsman has commenced legal action against the operator of a business in Logan Village, Queensland that carries out services including custom fabrication and mobile welding.

Facing court is Mr Jame Robert McIvor, who operates a business trading as Mack Engineering & Site Services.

The regulator began an investigation after receiving a request for assistance from a worker who was employed by Mr McIvor on a casual basis in January 2021 as a welder/labourer.

A Fair Work Inspector issued a Compliance Notice to Mr McIvor in May 2021 after forming a belief the worker was underpaid casual minimum wages, overtime rates and weekend and public holiday penalties owed under the Manufacturing and Associated Industries and Occupations Award 2020.

The FWO alleges Mr McIvor, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.

Acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws and take businesses 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 to pay penalties in addition to back-paying workers.”

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Hannah said.

The FWO is seeking a penalty. Mr McIvor faces a maximum penalty of up to $6,660 for failing to comply with the Compliance Notice.

The regulator is also seeking a court order for Mr McIvor to take the action required by the Compliance Notice, including calculating and rectifying underpayments in full to the former employee, plus interest and superannuation.

A directions hearing has been listed in the Federal Circuit and Family Court in Brisbane on 5 October 2021.

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.

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