The Fair Work Ombudsman has commenced legal action against the operator of a business that manufactures and sells wooden furniture in southern Queensland.
Facing court is sole trader Brenton Gietzel, who owns and operates ‘Queensland Made’ in Toowoomba.
The regulator investigated after receiving requests for assistance from four workers, including three who were young workers, that Mr Gietzel employed for various periods between January 2022 and October 2023.
The workers included a full-time apprentice cabinet maker and three casual workers engaged as a cabinet maker, labourer and joiner assistant.
The apprentice, the casual cabinet maker and joiner assistant were aged between 19 and 22 at the time of their employment.
A Fair Work Inspector issued two Compliance Notices to Mr Gietzel in 2023 after forming a belief he had underpaid each of the workers’ minimum wages, owed under the Timber Industry Award 2020.
The Inspector formed a belief that the apprentice’s public holiday, personal leave entitlements and annual leave entitlements were also underpaid.
The Fair Work Ombudsman alleges Mr Gietzel, without reasonable excuse, failed to comply with the Compliance Notices, which required him to calculate and back-pay the workers’ entitlements. A breach of pay slip laws is also alleged.
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 take steps to comply with a Compliance Notice including calculating and back-paying entitlements,” Ms Booth said.
“Employers also need to be aware that taking action to protect young workers, which can often include apprentices, 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. Mr Gietzel faces penalties of up to $9,390 per contravention for the alleged failure to comply with the two Compliance Notices. Mr Gietzel also faces a penalty of up to $18,780 for the alleged breach of pay slip laws.
The regulator is also seeking court orders requiring Mr Gietzel to comply with the Compliance Notices including calculating and rectifying any underpayments, plus interest and superannuation.
A hearing is listed in the Federal Circuit and Family Court in Brisbane on 2 December 2024.
