The Fair Work Ombudsman has commenced legal action for a second time against the operator of a roofing business in Sydney.
Facing court is sole trader Winiata Tipene, who operated ‘The brothers metal roofing’.
The regulator began its latest investigation after receiving a request for assistance from a young worker who had been employed by Mr Tipene as a full-time labourer in May-July 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Tipene in April this year after forming a belief that the worker had not been paid all entitlements owed under the Plumbing and Fire Sprinklers Award 2020.
The inspector formed a belief that the worker, aged 24 at the time, was underpaid minimum wages and allowances for some work performed and was not paid at all for some hours worked.
The FWO alleges Mr Tipene, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to take business operators 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 in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking a penalty against Mr Tipene for allegedly failing to comply with the Compliance Notice. He faces a penalty of up to $6,660.
The regulator is also seeking orders requiring Mr Tipene rectify the alleged underpayment in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 24 February 2023.
This matter is the FWO’s second legal action against Mr Tipene. In October 2022, the Federal Circuit and Family Court ordered more than $12,000 in penalties and back-payment against Mr Tipene for the failure to comply with a Compliance Notice requiring the back-payment of two workers.
