The Fair Work Ombudsman has commenced legal action against the operator of a residential building and construction services business in Melbourne.
Facing court is Melbourne man Quang Dung Dinh, who operates his business as a sole trader.
The regulator began an investigation after receiving a request for assistance from a worker who had been employed by Mr Dinh as a full-time general labourer in January-February 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Dinh in August 2021 after forming a belief that the worker had not been paid all entitlements owed under the Building and Construction General On-Site Award 2010.
The inspector formed a belief that the worker was paid an hourly rate of $20.71 for some hours worked during the employment period and was not paid for other hours worked, resulting in the underpayment of his minimum wage rate, overtime rates, and penalty rates for weekend and public holiday work.
The Fair Work Ombudsman alleges Mr Dinh, 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 and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The FWO is seeking a penalty against Mr Dinh. He faces a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for Mr Dinh to comply with the Compliance Notice, which includes calculating and rectifying any underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 20 April 2022.
