The Fair Work Ombudsman has commenced legal action against a Melbourne-based electrical services company.
Facing court is New Switch Electrical Pty Ltd, based at Tullamarine, and the company’s sole director, Mark Ladores Tan.
The regulator investigated after receiving a request for assistance from a young worker New Switch Electrical employed between August 2021 and September 2022, initially as a fourth-year apprentice prior to becoming a full-time electrician. The worker was aged 23 to 24 at the time.
A Fair Work Inspector issued a Compliance Notice to New Switch Electrical in December 2022 after forming a belief the worker was not paid in accordance with the Electrical, Electronic and Communications Contracting Award 2020 and the Fair Work Act’s ³Ô¹ÏÍøÕ¾ Employment Standards for one week and was not paid his accrued but untaken annual leave entitlements when his employment ended.
The Fair Work Ombudsman alleges New Switch Electrical, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged that the amount New Switch Electrical was required to pay to comply with the Compliance Notice was $4,810.
It is alleged Mr Tan 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.
“Employers also need to be aware that taking action to protect young workers 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, New Switch Electrical faces a penalty of up to $41,250 and Mr Tan faces a penalty of up to $8,250.
The regulator is also seeking an order for New Switch Electrical to pay the amount allegedly owing to the employee, plus superannuation and interest.
A hearing is listed in the Federal Circuit and Family Court in Melbourne on 31 October 2024.
