Former electrical contractor faces court

Australia’s Fair Work Ombudsman (FWO) is taking legal action against the former director of a Melbourne electrical services company.

The company, which has since gone into liquidation, provided services including supplying and installing solar panels.

The legal action comes after five workers employed by the company approached the FWO for assistance between August 2021 and August 2023.

Three of the group were young workers: a Nepalese international student engaged as a sales manager, aged 23 during his employment; an apprentice electrician aged 19–20 at the time; and an administration assistant aged 21 at the time.

The two other employees had worked at the company as an electrician and a trade assistant.

Following the FWO’s investigation, a Fair Work Inspector issued two Compliance Notices to the company in March and July of 2024.

The Inspector formed a belief that the workers were variously underpaid minimum wage rates for ordinary hours, allowances, overtime entitlements, Saturday penalty rates and annual leave entitlements.

These entitlements were allegedly owed under the Electrical, Electronic and Communications Contracting Award 2020, Miscellaneous Award 2020, Clerks — Private Sector Award 2020 and the Fair Work Act’s National Employment Standards.

The FWO is alleging that the director, without a reasonable excuse, was involved in failing to comply with the Compliance Notices, which required the calculation and rectification of any underpayments.

“Business operators, including directors and others involved in workplace contraventions, should be aware that they can be held accountable even where a company has entered liquidation,” said Fair Work Ombudsman Anna Booth.

Booth added that taking action to protect young and migrant workers was a priority for the FWO. “Any employees with concerns about their pay or entitlements should contact us for free advice and assistance,” she said.

The Fair Work Ombudsman is seeking penalties against the former director in court for his alleged involvement in the failure to comply with the two Compliance Notices. He faces a penalty of up to $18,780 per breach.

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 15 December 2026.

The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. Information is also available for employees and employers on its young workers and students and apprentices and trainees webpages.

Image credit: iStock.com/Andrzej Rostek