The owner of a Melbourne-based carpentry business has been fined $30,000 for underpaying two teenage apprentices almost $11,500.
The penalty, handed down in the Melbourne Magistrate’s Court, equals the previous largest fine the federal Workplace Ombudsman has obtained against a sole trader.
The office launched an investigation into Adam Coombes-Pearce, trading as AJCP Carpentry and Maintenance, after allegations 16 and 18-year-old first-year apprentices were not paid minimum rates, overtime, annual leave, superannuation or tool and travel allowances.
Magistrate Kate Hawkins awarded the penalty for eight breaches of the National Building and Construction Industry Award 2000 and the Australian Fair Pay and Classification Standard.
She said the teenagers were particularly vulnerable as they were young, inexperienced and needed to stay with their employer in order to gain their relevant qualifications. The magistrate described the underpayments, which totalled $11,487, as “immense.” “The employer allowed (the apprentices) to continue to work in circumstances where he was unable or unwilling to pay them to them, to his own benefit,” she said.
Workplace Ombudsman Executive Director Michael Campbell says the penalty is a clear indication that underpaying vulnerable young workers will not be tolerated.
Mr Campbell said employers should think twice before assuming they could get away with profiting from the labours of others without affording employees their proper entitlements.
“The large penalty awarded in this case should serve as a reminder to others to ensure they meet their obligations,” he said. “At no point did Mr Coombes-Pearce attempt to voluntarily comply with our investigations. He did not appear in court and nor did he seek at any point throughout the proceedings to defend his actions. “Blatant disregard for work place laws that seek to protect the community is not acceptable.”
Have Your Say