Sydney builder penalised for failing to back-pay young worker

A south-west Sydney building and construction firm has been ordered to pay penalties and back-pay a 15-year-old worker after failing to act on a compliance notice from the Fair Work Ombudsman (FWO).

The Federal and Family Court has imposed a $5,328 penalty on Humza Moussa, operator of Leppington-based Xteria Designs, for not complying with a notice requiring him to calculate and back-pay entitlements to a young labourer.

Fair Work Ombudsman Anna Booth warned of the consequences of ignoring compliance notices.

“Business operators that fail to act on compliance notices need to be aware they can face penalties in court on top of having to back-pay workers,” Ms Booth said.

The court also ordered Moussa to back-pay the worker $1,336, plus superannuation and interest.

The case came to light after the 15-year-old worker sought assistance from the FWO. A Fair Work inspector issued a compliance notice to Moussa in August 2022, believing the worker was owed entitlements under the Building and Construction General On-site Award 2020.

The inspector found that Moussa, operating as a sole trader, had not paid the worker for the final two weeks of work, resulting in underpayment of casual minimum wage, casual loading and industry allowances.

Ms Booth emphasised that improving compliance in the building and construction industry and protecting young workers are among the FWO’s top priorities.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance,” she said.

This case highlights the importance of employers adhering to compliance notices and ensuring proper payment of young workers in the construction industry.