The Fair Work Ombudsman has commenced legal action against the operators of a recycled timber business in Sydney.
Facing court are Joe Antonios Carpentry and Woodwork Pty Ltd and the company’s sole shareholder and director Joseph Antonios.
Joe Antonios Carpentry and Woodwork Pty Ltd currently trades as ‘Wastewood’ in Annandale. The business was formerly located in South Hurstville and Marrickville.
The regulator began an investigation after receiving a request for assistance from a worker who was employed by Joe Antonios Carpentry and Woodwork Pty Ltd as a part-time administrative officer at the South Hurstville and Marrickville sites between June 2020 and July 2021.
A Fair Work Inspector issued a Compliance Notice to Joe Antonios Carpentry and Woodwork Pty Ltd in September 2021 after forming a belief that the worker had not been paid all entitlements owed under the Clerks – Private Sector Award 2020 and the ³Ô¹ÏÍøÕ¾ Employment Standards.
It is alleged the worker was not paid for approximately 57 hours of accrued but untaken annual leave entitlements and payment-in-lieu-of-notice at the end of her employment.
The Fair Work Ombudsman alleges Joe Antonios Carpentry and Woodwork, 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 Mr Antonios was involved in the contravention.
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 Fair Work Ombudsman is seeking penalties for the alleged failure to comply with the Compliance Notice. Joe Antonios Carpentry and Woodwork Pty Ltd faces a penalty of up to $33,300 and Mr Antonios faces a penalty of up to $6,660.
FWO is also seeking an order for Joe Antonios Carpentry and Woodwork Pty Ltd to comply with the Compliance Notice, which includes rectifying the alleged underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 8 July 2022.
