The Fair Work Ombudsman has commenced legal action against a northern Melbourne painting and restorations company and its director, for an alleged breach impacting an adult apprentice.
Facing court are Thomastown-based company M.J. Harris Painting & Restorations Pty Ltd and the company's sole director, Michael Harris.
The regulator investigated after receiving a request for assistance from a young worker M.J. Harris Painting & Restorations employed as an adult apprentice painter on a full-time basis until October 2024. The worker was aged 23 when his employment ended.
A Fair Work Inspector issued a Compliance Notice to M.J. Harris Painting & Restorations in June 2025 after forming a belief the company had failed to pay the worker at all for his entitlements for a period towards the end of his employment in October 2024.
The inspector formed a belief that the company had failed to pay minimum wages for ordinary hours, overtime entitlements, personal leave and untaken accrued annual leave entitlements, and a daily fares and travel pattern allowance, which the worker was entitled to under the Building and Construction General On-Site Award 2020 and the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements. It is alleged Mr Harris was involved in the contravention.
It is alleged the amount the company was required to pay to comply with the Compliance Notice was $4,169.
It is alleged that the company made a $500 payment to the worker in July 2025 but that the rest of the worker's entitlements remain outstanding.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests were 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, and to make payments to workers," Ms Booth said.
"Employers should be aware that taking action to protect young workers, who may be vulnerable, and improving compliance in the building and construction industry are priorities for us.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties against M.J. Harris Painting & Restorations Pty Ltd and Mr Harris in court for the alleged failure to comply with the Compliance Notice.
Penalties of up to $99,000 apply for small businesses and up to $495,000 for other businesses, and Mr Harris faces a maximum penalty of $19,800.
The regulator is also seeking a court order requiring the company to pay the alleged outstanding amount, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 27 May 2026.
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.
