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Employment Relations

$12,000 fine and conviction for failure to pay former apprentice long service leave

Wage Inspectorate Victoria 2 mins read

A Morwell based sheet metal fabricating company has been convicted and fined $12,000 after pleading guilty to criminal offences under Victoria’s long service leave laws.

Wage Inspectorate Victoria began investigating Romlik Pty Ltd after being contacted by a former apprentice who had not been paid their long service leave entitlement.

The former employee had worked continuously with the business for over eight years and had not taken any long service leave. They believed the business was making regular contributions to a long service leave fund and that they would be paid long service leave benefits from this scheme. The former employee made repeated requests for payment of their entitlement after leaving the business however was not paid.

After receiving a report from the former employee, Wage Inspectorate Victoria commenced an investigation. Despite repeated opportunities to do so, the business failed to meet its commitments and pay what it owed.

The Inspectorate subsequently filed charges against the business in May 2025.

On Friday 31 October 2025, the company plead guilty to:

  • failing to pay in full an employee’s long-service leave entitlement when their employment ended
  • failing to comply with a notice to produce issued by the Wage Inspectorate

Counsel for the Inspectorate, Ms Tien Tran submitted and the court agreed, that a conviction should be recorded, given: the serious nature of the offence; the victim being a vulnerable former employee who commenced work as an apprentice on low wages; and the failure to be paid an entitlement owed despite the company’s awareness of its obligation to pay.

The court also agreed with Ms Tran’s submission that a clear message needed to be sent to other employers, whether in small businesses or large corporates, of the importance of careful compliance with the Long Service Leave Act 2018.

Magistrate Collins, with conviction, imposed a fine of $8,000 on charge one, and $4,000 on charge two. The company was also ordered to pay the outstanding long service leave entitlement with interest (over $8,700).

But for the plea of guilty, her Honour would have convicted and fined the accused $15,000 and $6,000 respectively.

Quotes attributable to Robert Hortle, Commissioner of Wage Inspectorate Victoria

“Apprentices are generally young and work for low wages – making them some of the most vulnerable workers in Victoria”

“After almost eight years of loyal service the former apprentice had earned their long service leave entitlement.”

“My message to employers is simple, keep good records and plan to pay your staff their entitlements – it will be cheaper for you in the long run.”

Background on Victoria’s Long Service Leave Act

The Long Service Leave Act 2018 is a Victorian law that provides long service leave for employees who have worked continuously with one employer for at least 7 years. It applies to work that is:

  • full time
  • part time
  • casual
  • seasonal
  • fixed term.

After at least 7 years’ continuous employment with one employer, an employee is entitled to take their long service leave and be paid any unused long service leave entitlement when their employment ends.

Most Victorian employees will be covered by and entitled to long service leave in accordance with the Act, unless they have a long service leave entitlement from another source, such as under other legislation, a registered agreement, award or another law.

For more information on long service leave visit the Wage Inspectorate’s website at wageinspectorate.vic.gov.au or call 1800 287 287.

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