The Fair Work Ombudsman is commencing legal action against former Carrum Downs business owner, Lachlan Robert Oliver, after staff claimed they had been underpaid more than $50,000.
Fair Work Inspectors first investigated the issue after receiving a request for assistance from four carpenters employed across Mr Oliver’s two companies LROC Builders Pty Ltd and L.R. Oliver Carpentry.
A first compliance notice was issued to Mr Oliver in April 2022, followed by notices to LROC Builders Pty Ltd in December 2022 and March 2023, which required them to calculate and back-pay the workers’ entitlements.
However, the Fair Work Ombudsman alleges Mr Oliver and LROC Builders Pty Ltd, failed to comply with these notices, without reasonable excuse.
It is alleged that the workers are owed a total of $52,039, including superannuation, claiming that they were underpaid minimum wages, overtime entitlements, fare-and-travel allowances, leave entitlements and public holiday pay.
As well as a court order to rectify the alleged underpayments in full, plus interest, the Fair Work Ombudsman is also seeking court penalties of up to $6,660 to $8,250 per breach and a penalty of up to $41,250 for LROC Builders Pty Ltd per breach for failing to comply with compliance notices.
“Where employers do not comply, we will take appropriate action to protect employees,” Fair Work Ombudsman Anna Booth said.
“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.”
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 7 February 2024.
