The Fair Work Ombudsman has commenced legal action against a national projects and construction company based in eastern Sydney and one of its representatives.
Facing court are Titan Asset Services Pty Ltd, based in Rose Bay, and Dillon Roy.
The regulator investigated after receiving a request for assistance from a worker Titan Asset Services employed as a full-time plumber between May 2020 and May 2023.
A Fair Work Inspector issued a Compliance Notice to Titan Asset Services in November 2023 after forming a belief the worker was owed entitlements under the Plumbing and Fire Sprinklers Award 2020.
The inspector formed a belief that the worker was not paid redundancy entitlements after the company terminated his employment.
The Fair Work Ombudsman alleges Titan Asset Services, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's redundancy pay entitlements. It is alleged that the amount the company was required to pay under the Compliance Notice was $7,344.
It is alleged Mr Roy was involved in the contravention.
Fair Work Ombudsman Anna Booth 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 and make payments to workers," Ms Booth said.
"Improving compliance in the building and construction industry is among our top priorities.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Titan Asset Services faces a penalty of up to $46,950 and Mr Roy faces a penalty of up to $9,390.
The regulator is also seeking an order for the company to pay the employee the allegedly outstanding amount of $7,344 in full, plus interest. A hearing is listed in the Federal Circuit and Family Court in Sydney on 7 June 2024.
