The Fair Work Ombudsman has commenced legal action against a residential building and construction company in Darwin.
Facing court is Kassiou Constructions Pty Ltd, which is based in the suburb of Winnellie, and company director Ilias Kassiou.
The regulator investigated after receiving a request for assistance from a worker Kassiou Constructions employed as a full-time skilled labourer between 2012 and 2021.
A Fair Work Inspector issued a Compliance Notice to Kassiou Constructions in September 2023 after forming a belief the worker was not paid accrued but untaken annual leave entitlements owed at the end of his employment under the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges Kassiou Constructions, 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 Kassiou 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 to take steps to comply with a Compliance Notice including calculating and back-paying entitlements," Ms Booth said.
"Improving compliance in the building and construction industry 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. Kassiou Constructions faces a penalty of up to $46,950 and Mr Kassiou faces a penalty of up to $9,390.
The regulator is also seeking a court order requiring Kassiou Constructions to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Darwin on 17 October 2024.
