The Fair Work Ombudsman has commenced legal action against the operators of a motor vehicle repair business in Adelaide.
Facing court are Skyjohn Pty Ltd, which operates a business trading as Supreme Crash Repairs in Dudley Park, and its sole director Peter Albert Robinson.
The regulator began an investigation after receiving a request for assistance from a worker employed by Skyjohn as a spray painter between March 2020 and March 2021.
A Fair Work Inspector issued a Compliance Notice to Skyjohn in May 2021 after forming a belief that the worker was not paid accrued but unused annual leave at the end of his employment, as required under the Fair Work Act.
The FWO alleges Skyjohn, 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 Robinson 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 Skyjohn Pty Ltd and Mr Robinson for allegedly failing to comply with the Compliance Notice.
The maximum penalty for the company is $33,300 and the maximum penalty for Mr Robinson is $6,660.
The regulator is also seeking an order for Skyjohn Pty Ltd to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 15 March 2022.
