Director of the Fair Work Building Industry Inspectorate v Giovanni Italiano
Court file number: PEG274/2012
Applicant: Director of the Fair Work Building Industry Inspectorate
Respondent(s): Giovanni Italiano
Date filed: 15 November 2012
Alleged breach: Conditions of employment
- FWBC discontinued proceedings against P & P Italiano Pty Ltd but continued against its director, Mr Italiano. Following mediation, Mr taliano admitted liability and signed a statement of agreed facts and penalty. On 18 June 2013 the Court endorsed a penalty of $1800 against Mr Italiano for contravening section 44(1) of the Fair Work Act 2009 FW Act and made a compensation award of $7500 for loss suffered payable in instalments to Mr Gerges. The final compensation instalment is payable by 1 December 2013 and the penalty must be paid by 31 January 2014.
- Director of Fair Work Building Industry Inspectorate v Giovanni Italiano  FCCA 530 (18 June 2013)
FWBC alleges that P&P Italiano Holdings Pty Ltd (P&P Italiano) breached s44 of the Fair Work Act 2009 (FW Act) by contravening the National Employment Standards (NES) when they failed to pay an employee his annual leave entitlements upon his resignation.
Giovanni Italiano was a director of P&P Italiano and was knowingly involved in the contravention of the FW Act.
On 15 December 2008 P&P Italiano engaged a bricklayer under a written contract for a four year period. The bricklayer began working for the company from 9 January 2009.On 10 February 2011, P&P Italiano again employed the bricklayer under a second written contract.
The bricklayer resigned on 4 July 2011 at which time he had 227.95 hours of accrued annual leave. P&P Italiano did not pay him for his untaken annual leave after his resignation, as it is required to do under the NES. FWBC alleges that the bricklayer is owed $7824.71 in untaken annual leave.
FWBC seeks penalties and compensation against Mr Italiano (with P&P Italiano in liquidation). Mr Italiano has admitted liability and agreed to pay compensation as part of an agreed statement of facts filed in court.