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The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the former operator of a civil construction business based at Wyong, in NSW.

Facing court is MDP Labour Pty Ltd, which provided services such as laying pipes and associated earthmoving.

The regulator investigated the company after receiving a request for assistance from a young worker who had been employed by the company as a labourer.

A Fair Work Inspector issued a Compliance Notice to MDP Labour in May 2020 after forming a belief the company had not paid the employee his full lawful entitlements.

The inspector believed the employee, aged 21, had been underpaid public holiday pay and annual leave entitlements under the National Employment Standards.

The FWO alleges the company, without reasonable excuse, failed to comply with the Compliance Notice which required it to calculate and back-pay the worker’s entitlements.

The FWO is seeking a penalty against MDP Labour Pty Ltd. The regulator is also seeking a court order for the company to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus superannuation and interest.

The company faces a maximum penalty of $31,500. The matter is listed for a directions hearing in the Federal Circuit Court in Sydney on 2 February 2021.