The Fair Work Ombudsman has commenced legal action against the operator of a bakery in regional Queensland.
Facing court is Allan James Beil, a sole trader who operates the Woolshed Bakery in Tara.
Also facing court is Ms Brooke Beil, who is involved in managing the bakery.
The regulator investigated after receiving a request for assistance from a worker engaged on a casual basis to perform baking production duties at the bakery between 6 March and 4 May 2020.
A Fair Work Inspector issued a Compliance Notice to Mr Beil in July 2021 after forming a belief the worker had not been paid entitlements owed under the General Retail Industry Award 2010.
The inspector formed a belief the worker was underpaid her casual night shift allowance and penalty rates for casual Saturday shiftwork and casual Sunday shiftwork.
The FWO alleges Mr Beil, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s outstanding entitlements.
It’s alleged Mr Beil also failed to issue pay slips to the worker. Ms Beil was allegedly involved in the failure to issue pay slips.
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.
In relation to the alleged Compliance Notice breach, Mr Beil faces a maximum penalty of up to $6,600. In relation to the alleged breach of pay slip laws, Mr and Ms Beil each face a maximum penalty of up to $13,320.
The Fair Work Ombudsman is also seeking a court order for Mr Beil to take the action required by the Compliance Notice, including calculating and rectifying any underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 14 February 2022.
