The Fair Work Ombudsman has taken legal action against a former construction business operator in Melbourne for violating minimum wage laws. The individual in question is Daniel Paul O’Loughlin, the owner and operator of Torco Constructions. This action follows an investigation prompted by a 21-year-old worker who reported not receiving the legal minimum wages during their employment with the company between June and October 2023.
In February 2024, a compliance notice was issued to O’Loughlin after it was discovered that the worker had not been paid the minimum wages for ordinary hours and overtime, as required by the Building and Construction General On-site Award 2020. Additionally, the Fair Work Act’s National Employment Standards were not adhered to, as the worker was not compensated for their accrued but untaken annual leave entitlements upon termination.
The investigation conducted by the regulator alleges that O’Loughlin had no valid reason for failing to comply with the law and neglected to calculate and back pay the worker’s entitlements. As a result, the Fair Work Ombudsman is pursuing legal action against O’Loughlin for non-compliance with the compliance notice, which could result in a penalty of up to $18,780. The watchdog is also seeking court-ordered reparation, demanding that O’Loughlin rectify outstanding entitlements, including superannuation and interest.
Fair Work Ombudsman Anna Booth emphasized the regulator’s commitment to enforcing workplace laws and taking legal action against businesses that operate unlawfully. She stated that the court has the authority to impose penalties on businesses and require them to comply with compliance notices, including the calculation and back payment of entitlements. Booth also highlighted that improving compliance in the building and construction industry and protecting young workers are top priorities for the Fair Work Ombudsman.
A directions hearing for this case has been scheduled for March 12, 2025, at the Federal Circuit and Family Court in Melbourne.
1 Comment
Jungle King
February 28, 2025Wow, it’s shocking to hear about the $18k penalty slapped on the Melbourne construction firm. It really highlights the importance of compliance and following regulations in the industry. I wonder how this will affect their future projects and reputation in the market?
I completely agree that penalties like this are necessary to maintain the integrity of the construction industry. It’s essential to keep firms accountable and ensure they prioritize safety and compliance. Hopefully, this will serve as a reminder for other companies to be diligent in following regulations.
While the penalty is significant, I hope this incident prompts the construction firm to reevaluate their practices and make necessary improvements. It’s crucial for them to learn from their mistakes and ensure such violations don’t occur in the future, for the sake of their own credibility and the safety of their workers.
This unfortunate incident should serve as a reminder for construction companies to invest in proper training and education for their employees. By keeping everyone informed and up to date on regulations, firms can avoid unnecessary penalties and maintain a safe work environment.
How do you think this penalty will impact other construction firms in the Melbourne area? Do you believe there should be more stringent regulations in place to prevent such incidents?