Contractor forced to pay $80K for breaching workplace laws

A Canberra electrical contracting business and its director must pay more than $80K in penalties and back-pay orders following investigation by the Fair Work Ombudsman.

The Federal Circuit and Family Court has imposed a $61,035 penalty against Canberra Electrical Solutions Pty Ltd and a $12,207 penalty against its owner and sole director, Tayfun Yildirim.

The court heard that Canberra Electrical Solutions had failed to comply with Compliance Notices, which required the company to calculate and back-pay two workers’ entitlements.

The workers were employed by the business on a full-time basis between February and October, 2023. One was engaged as an electrical labourer and the other was a junior apprentice, aged 18 at the time. In addition to the penalties, the court ordered Canberra Electrical Solutions to back-pay the workers a total of $7156, plus interest and superannuation.

Fair Work Ombudsman Anna Booth emphasised that employers who failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of still having to pay workers.

“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties, which can be significant as in this employer’s case, and to make payments to workers,” Booth said.

“Employers also need to be aware that taking action to improve compliance in the building and construction sector and protect young workers, including apprentices, are among our top priorities.”

Booth encouraged any employees with concerns about their pay or entitlements to contact the Fair Work Ombudsman for free assistance.

In the case of Canberra Electrical Solutions, the Fair Work Ombudsman investigated after receiving requests for assistance from the affected workers.

A Fair Work Inspector issued Compliance Notices to Canberra Electrical Solutions in September and December, 2023, in response to the company underpaying both workers’ minimum wages and annual leave entitlements, and also underpaying the electrical labourer’s overtime entitlements.

The entitlements were owed under the Electrical, Electronic and Communications Contracting Award 2020 and the Fair Work Act’s National Employment Standards.

In her judgment, Judge Vanessa-Jane Leishman found there remained a risk that Canberra Electrical Solutions and Yildirim would breach workplace laws in the future, so it was necessary to impose a “serious and meaningful penalty” to ensure they comply.

Leishman also placed weight on “the disproportionate representation of apprentices in the relevant industry seeking assistance [from the Fair Work Ombudsman] due to unpaid entitlements”.

In 2024–25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.

Across the entire building and construction sector, the FWO has recovered nearly $16.5 million in unpaid entitlements for employees between 10 November 2022 and 30 June 2025. (The FWO resumed responsibility for regulating Fair Work Act compliance in the commercial building and construction sector on 10 November 2022.)

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.

Image credit: iStock.com/DNY59