The Fair Work Ombudsman has secured a total of $13,598 in penalty and back-pay orders in court against the former operator of a Gold Coast gardening and landscaping business who responded to the FWO with "utter contempt".
The Federal Circuit and Family Court has imposed a $10,500 penalty against Luke Chamberlain, who formerly operated Earthcare Urban Farming, at Mudgeeraba.
The penalty was imposed in response to Mr Chamberlain breaching a pay slip law and failing to comply with a Compliance Notice, which required him to calculate and back-pay two young workers he employed at different times between 2021 and 2023.
One of the workers was a part-time school-based apprentice aged 17 during his employment, while the other was a casual employee aged 19-20 at the time.
In addition to the penalty, the Court has ordered Mr Chamberlain to back-pay the workers a total of $3,098, plus interest.
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.
"When Compliance Notices are not followed, we will continue to take legal action," Ms Booth said.
"Employers should be aware that taking action to protect young workers is an enduring priority for the FWO.
"The law also demands that all employees be given accurate pay slips. Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to provide pay slips to their employees within one business day of them being paid.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance. They can also contact their union if they are a member."
The Fair Work Ombudsman investigated after receiving requests for assistance from the two affected workers.
A Fair Work Inspector issued a Compliance Notice to Mr Chamberlain in August 2023 after forming a belief he had underpaid the workers' entitlements owed under the Gardening and Landscaping Award 2020 and the Fair Work Act.
The inspector formed a belief that Mr Chamberlain failed to pay the school-based apprentice any wages for work performed over a two-month period and underpaid the other worker's minimum wages.
Judge Salvatore Vasta found that the Fair Work Ombudsman had let Mr Chamberlain know he had not complied with his obligations as an employer and given him "an opportunity to remedy those breaches, in effect, without penalty".
"The response of [Mr Chamberlain] was to treat the overtures of the [Fair Work Ombudsman] with utter contempt," Judge Vasta said.
Judge Vasta said Mr Chamberlian's failure to provide pay slips to the casual worker was symptomatic of the way he had treated the worker.
"It has been said that the provision of a pay slip allows an employee to understand what amount they have been paid, how many hours they have worked, the rate of pay and their annual leave balance. Without such a pay slip, it is difficult for an employee to properly plan their life," Judge Vasta said.
