The Fair Work Ombudsman has commenced legal action against an Adelaide freight transport company and its director.
Facing court are BSH Transport Solutions Pty Ltd, which is based in Regency Park, and its sole director Brenton Philip Smith.
The regulator began an investigation after receiving a request for assistance from a worker employed by BSH Transport Solutions as a pay-roll manager between January 2019 and May 2021.
A Fair Work Inspector issued a Compliance Notice to BSH Transport Solutions in May 2021 after forming a belief that the worker had been underpaid annual and personal leave entitlements under the Fair Work Act.
The FWO alleges BSH Transport Solutions, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Smith was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking penalties against BSH Transport Solutions Pty Ltd and Mr Smith for allegedly failing to comply with the Compliance Notice.
The maximum penalty for the company is $33,300 and the maximum penalty for Mr Smith is $6,660.
The regulator is also seeking an order for BSH Transport Solutions Pty Ltd to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 19 April 2022.
