Court: penalties for director on top of penalties for company

The Federal Circuit and Family Court of Australia has ordered a director to pay more than $14,000 in compensation and penalties for their involvement in a contravention of the Fair Work Act. The employer entity, of which they are a director, was separately ordered to pay more than $65,000 in compensation and penalties on top of backpay to underpaid employees.

In 2023, the Fair Work Ombudsman issued a compliance notice to Canberra Electrical Solutions Pty Ltd requiring it to calculate and pay superannuation to two of its employees in accordance with the EECC Award.

Canberra Electrical Solutions did not comply with the notice. The Ombudsman attempted to engage with Canberra Electrical Solutions to procure compliance with the notice, ultimately to no avail.

In relation to the compliance notice regarding the first employee, Canberra Electrical Solutions engaged with the Ombudsman briefly, but ultimately did not comply with the notice. In relation to the notice regarding the second employee, Canberra Electrical Solutions did not engage with the Ombudsman at all.

Neither Canberra Electrical Solutions Pty Ltd nor Tayfun Yildirim (the director named as a separate respondent in his own right) appeared at the hearing.

Satisfied there had been non-compliance with the Fair Work Act, including by failing to comply with the compliance notices issued by the Ombudsman, the court ordered penalties, compensation, interest, and backpayment.

Fair Work Ombudsman v Canberra Electrical Solutions Pty Ltd [2026] FedCFamC2G 97