Residential construction company faces Melbourne court

The regulator was reportedly contacted by a former full-time employee of the business who worked as a carpenter for the firm between February 2021 and December 2022.

After investigating the employee’s concerns, the Fair Work Ombudsman formed the belief that the worker had not been paid accrued but untaken annual leave entitlements at the conclusion of his employment. A compliance notice was issued to Procraft Group in September 2022.

The watchdog is now pursuing the matter through the courts, alleging that the company failed to comply with the notice to pay the worker’s entitlements.

Moreover, it claims that Mr Busuttil was involved in the contravention of the notice, and is seeking penalties against both the firm and its director.

Procraft Group faces a penalty of up to $33,300, and Mr Busuttil faces a penalty of up to $6,660 if determined guilty.

The regulator is also seeking an order requiring Procraft Group to rectify the alleged underpayment in full, plus interest.

Fair Work Ombudsman Anna Booth said the case showed her office is prepared to take businesses to court if their compliance notices are ignored.

“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,” Ms Booth said.

She added that the body is available to provide assistance to anyone who believes they have not been paid what they are owed.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” she said.

The matter is scheduled to be taken up by the Federal Circuit and Family Court in Melbourne on 6 March 2024.