The Fair Work Ombudsman has secured $29,970 in penalties in court against the operators of a plumbing company located in Wagga Wagga, regional NSW.
The Federal Circuit and Family Court has imposed a $24,975 penalty against Garry Bateman Plumbing Pty Ltd, and $4,995 against the company's sole director Mr Garry Bateman.
The penalties were imposed in response to Garry Bateman Plumbing Pty Ltd failing to comply with a Compliance Notice requiring the calculation and back-payment of entitlements owed to a young apprentice plumber. Mr Bateman was involved in the contravention.
The Court has also ordered Garry Bateman Plumbing Pty Ltd to take the action required by the Compliance Notice, which includes calculating and rectifying the alleged underpayment in full, plus interest and superannuation.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.
"When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements," Ms Parker said.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance," Ms Parker said.
In imposing the penalties, Judge Nicholas Manousaridis said he accepted the FWO's submission that Garry Bateman Plumbing's failure to comply with the Compliance Notice had left the worker "less able" to meet his expenses.
"The penalty should be set at a level that signals not only to employers in the plumbing services industry, but to all employers that a wilful disregard of a compliance notice…will be met with a significant penalty," His Honour wrote.
The FWO commenced an investigation after receiving a request for assistance from the affected worker, who had been employed on a full-time basis by Garry Bateman Plumbing between January and July 2020.
The worker was aged 18 to 19 during the employment period.
A Fair Work Inspector issued a Compliance Notice to Garry Bateman Plumbing in June 2021 after forming a belief that the worker had been underpaid minimum wages for apprentices under the Plumbing and Fire Sprinklers Award 2010 and annual leave entitlements under the National Employment Standards.
