The Fair Work Ombudsman has secured a penalty in court against the operator of a residential building and construction services business in Melbourne.
The Federal Circuit and Family Court has imposed a $4,662 penalty against Melbourne man Quang Dung Dinh, who operates his business as a sole trader.
The penalty was imposed in response to Mr Dinh failing to comply with a Compliance Notice requiring him to back-pay a worker who he employed as a full-time general labourer in January and February 2021.
The Court has also ordered Mr Dinh to comply with the Compliance Notice, which includes calculating and rectifying the underpayments in full, plus superannuation and interest.
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.”
The FWO commenced an investigation after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Mr Dinh in August 2021 after forming a belief 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.
