A Melbourne painting and restorations company has been taken to court by the Fair Work Ombudsman over alleged underpayments to a young adult apprentice in a case that carries important implications for employers across the cleaning, restoration and building services industries.
M.J. Harris Painting & Restorations Pty Ltd, based in Thomastown, and the company’s sole director Michael Harris are both named in the legal action, which centres on alleged entitlement shortfalls owed to a 23-year-old full-time apprentice painter whose employment ended in October 2024.
What the regulator alleges
Following a request for assistance from the former worker, a Fair Work Inspector conducted an investigation and issued a Compliance Notice to M.J. Harris Painting & Restorations in June 2025, having formed a belief that the company failed to pay the worker’s full entitlements during the final period of his employment. The alleged unpaid amounts included minimum wages for ordinary hours, overtime, personal leave, untaken accrued annual leave and a daily fares and travel pattern allowance — all of which the worker was entitled to under the Building and Construction General On-Site Award 2020 and the Fair Work Act’s National Employment Standards.
The total amount required under the Compliance Notice to make the worker whole was $4,169. While the company reportedly made a $500 payment in July 2025, the regulator alleges the remainder is still outstanding.
Penalties and court proceedings
The Fair Work Ombudsman is seeking financial penalties against both the company and its director, with the matter listed for a directions hearing in the Federal Circuit and Family Court in Melbourne on 27 May 2026. Penalties of up to $99,000 apply for small businesses, and Mr Harris faces a maximum individual penalty of $19,800.
Fair Work Ombudsman Anna Booth reinforced that protecting young and potentially vulnerable workers and improving compliance across the building and construction sector remain key enforcement priorities. “Where employers do not comply, we will take appropriate action to protect employees,” Ms Booth said.
The FWO recovered more than $17 million in unpaid entitlements for workers across building and construction over the three years to June 2025. Employees with concerns about their pay or entitlements are encouraged to contact the Fair Work Ombudsman for free advice at fairwork.gov.au.
