The Fair Work Ombudsman has commenced legal action against the operator of an Adelaide motor vehicle services and repair business.
Facing court is Brian Thomas Rundle, a sole trader of Porkys Garage in Pooraka.
The regulator investigated after receiving a request for assistance from an adult apprentice employed at Porkys Garage on a full-time basis between September 2022 and March 2023.
A Fair Work Inspector issued a Compliance Notice to Mr Rundle in September 2023 after forming a belief that the apprentice was underpaid minimum wages, overtime and accrued but untaken annual leave entitlements, as laid out in the Vehicle Repair, Services and Retail Award 2020 and the Fair Work Act.
The Inspector formed a belief that the worker was paid only $100 on one occasion during their period of employment and otherwise was not paid at all.
The Fair Work Ombudsman alleges Mr Rundle, without reasonable excuse, failed to comply with a Compliance Notice, which required him to calculate and back-pay the worker’s entitlements, including additional superannuation.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court if they do not comply with requests to pay workers what they are owed.
“We will take appropriate action to protect employees. A court can order a business to pay penalties and to comply with a Compliance Notice including calculating and back-paying entitlements,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The Fair Work Ombudsman is seeking a penalty in court. For the alleged failure to comply with the Compliance Notice, Mr Rundle faces a penalty of up to $9,390.
The regulator is also seeking a court order requiring Mr Rundle to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest and superannuation.
A hearing is listed in the Federal Circuit and Family Court in Adelaide on 3 October 2024.
