Former Lennox Head real estate agent David Stuart McElveney fined by Fair Work

The Fair Work Ombudsman says a former Lennox Head real estate agent failed to pay an employee commission that he was entitled to.

A former Lennox Head real estate agent has been ordered to pay thousands of dollars after he failed to properly pay an employee.

David Stuart McElveney, a sole trader who formerly operated One Agency Ballina-Lennox Head will have to cough up $36,000 in penalties and back-payment, a court has ruled.

The Fair Work Ombudsman secured orders in the Federal Circuit and Family Court for Mr McElveney to pay the worker $32,000 in commissions owed, plus interest and superannuation.

The court has also imposed a $4000 penalty.

The penalty was imposed in response to Mr McElveney failing to comply with a compliance notice requiring him to back-pay entitlements to a real estate agent he employed.

The agent was hired under a commission-only written agreement between November 2018 and February 2021.

The Fair Work Ombudsman commenced an investigation after receiving a request from the affected worker.

The compliance notice was issued in April of 2021 after an inspector formed a belief that the agent had not been paid commission payments he was entitled to on the sale of two properties.

Fair Work Ombudsman Sandra Parker said business operators that failed to act on compliance notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.

“When compliance notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said in a media statement.

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