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The Fair Work Ombudsman has commenced legal action against the operator of a residential building and construction services business in south-west Sydney for failing to follow a compliance notice.
Sole trader of Xteria Designs, Huzma Moussa, faces court after failing to follow through on a compliance notice issued by the Fair Work Ombudsman.
The regulator investigated Moussa after receiving a request for assistance from a young worker who was previously employed by Moussa on a casual basis as a labourer between November 2021 and January 2022.
At the time, Moussa was the sole trader, with the young 15-year-old worker as his only labourer. A Fair Work inspector issued a compliance notice to Moussa back in August 2022 after forming a belief that the young worker was owed entitlements under the Building and Construction General On-site Award 2020.
The inspector came to the conclusion that Moussa did not pay the worker any wages for the final two weeks of work he performed, resulting in a large underpayment of his casual minimum wage, casual loading, and industry allowances. Luckily, the young worker had the due diligence to reach out to the FWO to seek reimbursement from his employer.
The FWO alleges that Moussa, without reasonable excuse, failed to comply with the compliance notice issued by the inspector, which required Moussa to calculate the total reimbursement he owed his former employee, and back pay the worker’s entitlements promptly.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers,” Booth said.
“Improving compliance in the building and construction industry and protecting young workers are among our top priorities.”
Due to Moussa disregarding the compliance notice issued by the regulator, the FWO is seeking a penalty in court. The penalty could be up to $6,660 for the alleged failure to comply with the notice. On top of that, the regulator is also seeking an order for Moussa to pay amounts allegedly owing to the young employee, plus superannuation and interest.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Booth said.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 28 June 2024.
Kace O'Neill
Kace O'Neill is a Graduate Journalist for HR Leader. Kace studied Media Communications and Maori studies at the University of Otago, he has a passion for sports and storytelling.
