The Fair Work Ombudsman has commenced legal action against an electrical contracting company in Melbourne’s east.
Facing court is BSW Electrical Services Pty Ltd, which operates in the Mornington Peninsula region.
The regulator investigated after receiving a request for assistance from a worker BSW Electrical Services employed on a full-time basis between June 2015 to March 2022.
The worker was initially employed as an apprentice electrician before moving into a qualified electrician position in 2021.
A Fair Work Inspector gave a Compliance Notice to BSW Electrical Services in March 2023 after forming a belief the worker was not paid his accrued but untaken annual leave entitlements when his employment ended, owed under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges BSW Electrical Services, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements by April 2023. It is alleged the worker was owed more than $14,000.
It is alleged the worker was not fully back-paid until earlier this month, almost a year after back-payment was required.
Acting Fair Work Ombudsman Michael Campbell 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,” Mr Campbell said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking a penalty in court. For the alleged failure to comply with the Compliance Notice, BSW Electrical Services faces a penalty of up to $41,250.
A hearing is listed in the Federal Circuit and Family Court in Melbourne on 9 July 2024.
