The Fair Work Ombudsman has commenced legal action against the operators of a Queensland glass glazing company.
Facing court is AAA Aussie Emergency Glass Pty Ltd, which is based at Beenleigh in the Logan City area and trades as Aussie Printing Stickers & Signs, Aussie Stickers, Printing & Signs, Beenleigh Glass, Upper Class Tradesman, and My Aussie Family.
Also facing court is company director Michael Ronald Boehm.
The regulator began an investigation after receiving requests for assistance from four workers.
A Fair Work Inspector issued Compliance Notices to AAA Aussie Emergency Glass in late 2020 and earlier this year, after forming a belief that the four workers had been underpaid annual leave entitlements, with one worker allegedly also underpaid personal leave entitlements.
The employees included two glaziers and an office manager who had been employed at the company for several years and a construction worker employed for two months.
The FWO alleges AAA Aussie Emergency Glass, without reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the workers’ entitlements.
It is alleged the company also contravened the Fair Work Act by failing to comply with a Notice to Produce issued by the Fair Work Ombudsman during its investigation.
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 AAA Aussie Emergency Glass Pty Ltd and Mr Boehm. The company faces a maximum penalty of $33,300 per contravention for allegedly failing to comply with four Compliance Notices and a penalty of up to $66,600 for allegedly failing to comply with the Notice to Produce.
It is alleged Mr Boehm was involved in the company’s failure to comply with three of the Compliance Notices and in the failure to comply with the Notice to Produce. Mr Boehm faces a maximum penalty of $6,660 per contravention for the Compliance Notice matters and a penalty of up to $13,320 for the alleged Notice to Produce contravention.
The regulator is also seeking an order for AAA Aussie Emergency Glass 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 Brisbane on 9 November 2021.
In 2016, the FWO of $35,500 against the company for failing to comply with a Fair Work Commission order to compensate an unfairly dismissed worker.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the .
