The Fair Work Ombudsman has secured a $23,310 penalty in court against a Melbourne transport business.
The Federal Circuit and Family Court has imposed the penalty against Jetbus Airport Shuttle Pty Ltd, which operated a business providing airline crew transfers to and from Melbourne Airport.
The penalty was imposed in response to the company breaching the Fair Work Act by failing to comply with a Compliance Notice requiring it to back-pay a worker.
The Court has also ordered Jetbus Airport Shuttle Pty Ltd to take the action required by the Compliance Notice, which includes back-paying the worker $19,763.75, plus superannuation, and interest.
Fair Work Ombudsman Sandra Parker said business operators that fail 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.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The Fair Work Ombudsman commenced an investigation after receiving a request for assistance from a worker who had been employed by Jetbus Airport Shuttle Pty Ltd as a Dispatch Operator who performed clerical and office functions.
A Fair Work Inspector issued a Compliance Notice to Jetbus Airport Shuttle in February 2021 after forming a belief that payment of $18 to $20 per hour had led to the worker being underpaid between May 2019 and March 2020.
The inspector formed a belief that the worker was underpaid casual loading, minimum wage rates, overtime rates, and penalty rates for weekend, public holiday and afternoon work under the Clerks – Private Sector Award 2010.