Elsie Lange
A former Gisborne crane hire company has been hit with an $18,700 fine in a court case won by the Fair Work Ombudsman.
Teds Crane Hire Pty Ltd was penalised by the Federal Circuit and Family Court for failing comply with a Compliance Notice to calculate and back-pay a worker it emplyed as a crane operator between April 2018 and August 2020.
The company has been ordered to pay the fine as well as take steps required by a Compliance Notice, including calculating and back-paying the worker’s outstanding entitlements in full, plus interest.
Fair Work Ombudsman Sandra Parker said when Compliance Notices are not followed, the Ombudsman was prepared to take legal action to “ensure workers receive their lawful entitlements“.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance,“ she said.
After the Ombudsman received a request for help from the affected worker, a Fair Work Inspector issued the notice in 2021 after it found the worker “was not paid accrued but untaken annual leave entitlements and payment-in-lieu-of-notice-of-termination entitlements owed under the Building and Construction General On-site Award 2010 and the Fair Work Act’s National Employment Standards“.
Judge Catherine Symons found there was a need to deter other employers from ignoring Compliance Notices.
“I consider that the silence and inaction maintained by (Teds Crane Hire) in its interactions with the [Fair Work Ombudsman] and in the context of this proceeding aggravates the seriousness of the contravention,” Ms Symons said.
