Plumbing business operator faces court

The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court
against the operator of a plumbing business based at Jordan Springs, in western
Sydney.

Facing court is Mathew Glenn Jones, a sole trader operating a business known as ‘Jordan
Springs Plumbing and Air Conditioning’ and ‘Jordan Springs Plumbing and
Excavation’.

The regulator began an investigation after receiving a request from a young worker who
had been employed as a plumbing and mechanical services worker at the business
over a 10-day period in November 2020.

A Fair Work Inspector issued a Compliance Notice to Mr Jones in February 2021
after forming a belief that the worker, aged 18 at the time, had not been paid his
minimum entitlements for the work he performed.

The Fair Work Inspector formed a reasonable belief that the worker was entitled to
the casual minimum hourly wage rate and an industry allowance under the Plumbing and Fire Sprinklers Award 2010.

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

Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce
workplace laws in a proportionate manner during the COVID-19 pandemic and take
businesses to court where lawful requests are not complied with.

“Under the Fair Work Act, Compliance Notices are important tools used by inspectors if
they form a belief that an employer has breached workplace laws,” Ms Parker
said.

“Where employers do not comply with our requests, 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.”

Mr Jones faces a penalty of up to $6,660.

The Fair Work Ombudsman is also seeking a court order for Mr Jones to take the
action the Compliance Notice requires, which includes calculating and
rectifying any underpayments in full, plus superannuation and interest.

A directions hearing has been listed in the Federal Circuit Court in Sydney on 12
August 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.

/Public Release. This material comes from the originating organization/author(s)and may be of a point-in-time nature, edited for clarity, style and length. The views and opinions expressed are those of the author(s).View in full here.