The Fair Work Ombudsman has commenced legal action against the former operator of a construction business in Melbourne.
Facing court is sole trader Daniel Paul O'Loughlin, who owned and operated Torco Constructions.
The regulator investigated after receiving a request for assistance from a young worker that Mr O'Loughlin employed as a full-time construction worker from June to October 2023. The worker was aged 21 at the time.
A Fair Work Inspector issued a Compliance Notice to Mr O'Loughlin in February 2024 after forming a belief the worker did not receive his minimum wages for ordinary hours and overtime, owed under the Building and Construction General On-site Award 2020.
The inspector also formed a belief that the worker was not paid his accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges Mr O'Loughlin, without a reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker's entitlements.
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.
"Employers should also be aware that improving compliance in the building and construction industry and taking action to protect young workers are priorities for the FWO."
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Mr O'Loughlin faces a penalty of up to $18,780.
The regulator is also seeking a court order requiring Mr O'Loughlin to comply with the Compliance Notice including calculating and rectifying any outstanding entitlements, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 12 March 2025.
