The Fair Work Ombudsman has commenced legal action against the operators of a Melbourne-based electrical services company that specialises in home automation systems.
Facing court is Integrated Technologies Australia Pty Ltd, which is based at Kilsyth South, and the company’s sole director, Michael John Andrews.
The regulator investigated after receiving requests for assistance from two electricians the company employed for various periods between January 2019 and February 2022. One of the workers was an adult apprentice.
A Fair Work Inspector issued Compliance Notices to Integrated Technologies Australia in June and October 2022 after forming a belief that the workers had been underpaid overtime, annual leave and (with respect to one worker) payment-in-lieu-of-notice-of-termination entitlements.
These were entitlements under the Fair Work Act’s National Employment Standards, the Electrical, Electronic and Communications Award 2010 and the Electrical, Electronic and Communications Award 2020.
It is alleged that the workers are owed a combined total of more than $19,000.
The Fair Work Ombudsman alleges Integrated Technologies Australia, without reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the workers’ entitlements. Mr Andrews was allegedly involved in the contraventions.
Fair Work Ombudsman Anna Booth 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. 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 Booth said.
The FWO is seeking penalties in court for the alleged failure to comply with two Compliance Notices. Integrated Technologies Australia faces penalties of up to $33,300 per contravention and Mr Andrews faces penalties of up to $6,660 per contravention.
The regulator is also seeking an order for the company to take the steps set out in the Compliance Notices, which includes rectifying the alleged underpayments amount in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on
26 February 2024.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
