The Fair Work Ombudsman has commenced legal action against the operator of a vehicle repair and detailing business in Adelaide.
Facing court is sole trader Antonio Anastasio, the operator of ‘SA Dents & Detailing’, in Payneham.
The regulator investigated after receiving a request for assistance from two workers Mr Anastasio had employed at his business for short periods on a casual basis to perform car detailing duties.
One, a young worker aged 22 at the time, performed work at the business across approximately five weeks in October-November 2020, and the other worker performed approximately one week of work at the business in January 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Anastasio in February 2022 after forming a belief the workers had not been paid any wages for the work they performed.
The inspector formed a belief the workers were entitled to have received minimum wages, plus a casual loading, under the Vehicle Repair, Services and Retail Award 2020.
The Fair Work Ombudsman alleges Mr Anastasio, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the workers’ outstanding entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The Fair Work Ombudsman is seeking a penalty against Mr Anastasio for allegedly failing to comply with the Compliance Notice. He faces a penalty of up to $6,660.
The regulator is also seeking an order for Mr Anastasio to comply with the Compliance Notice, which includes rectifying the alleged underpayment in full, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 31 January 2023.
