The Fair Work Ombudsman has secured a $9,250 penalty in court against an electrical services business in Western Sydney.
The Federal Circuit and Family Court has imposed the penalty against ECJ Group Pty Ltd.
The penalties were imposed in response to ECJ Group breaching the Fair Work Act by failing to comply with a Compliance Notice requiring it to back-pay a worker it employed on a full-time basis between May 2018 and September 2022.
ECJ Group Pty Ltd back-paid the worker $19,963 in entitlements only after the Fair Work Ombudsman commenced legal action.
The Court has also ordered the company to pay the worker $802 in outstanding superannuation entitlements.
Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
"When Compliance Notices are not followed, we will continue to take legal action to protect employees. Employers who fail to act on these notices risk substantial penalties in addition to still being required to back-pay workers, including superannuation," Ms Booth said.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO investigated after receiving a request for assistance from the affected worker.
The worker was employed as an adult apprentice until becoming an electrical worker in July 2022.
A Fair Work Inspector issued a Compliance Notice to ECJ Group in December 2023 after forming a belief the company had underpaid the worker's minimum wages and annual leave entitlements, owed under the Electrical, Electronic and Communications Contracting Award 2020 and the Fair Work Act's National Employment Standards.
Judge Natasha Laing found that there was a need to impose penalties to deter the company and other employers from similar non-compliance in the future.
"The penalty imposed in this matter should be sufficiently high to impress upon those in positions of responsibility the importance of complying with their legal obligations, and in particular the need to comply with statutory notices from the FWO," Judge Laing said.
