Fair Work Ombudsman
Citation: FWO-2022-03-21-bsh-litigation-media-release
At a glance
- Respondent
- BSH Transport Solutions Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
What happened
The Fair Work Ombudsman commenced legal action against BSH Transport Solutions Pty Ltd, a freight transport company based in Regency Park, Adelaide, and its sole director, Brenton Philip Smith. The action followed a request for assistance from a former payroll manager employed between January 2019 and May 2021. A Fair Work Inspector issued a Compliance Notice in May 2021, believing the worker was underpaid annual and personal leave entitlements. The company allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against BSH Transport Solutions Pty Ltd and Brenton Philip Smith for failing to comply with the Compliance Notice. The company faces a maximum penalty of $33,300, and Mr Smith faces a maximum penalty of $6,660. The FWO also seeks an order for the company to rectify any underpayments, including interest and superannuation. A directions hearing is scheduled for April 2022.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. It is important to ensure accurate calculation and payment of employee entitlements, including annual and personal leave.
What it means for employees
Employees who believe they have been underpaid or are experiencing issues with their entitlements should contact the Fair Work Ombudsman for assistance. Free advice and support are available through the Fair Work Infoline.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220321-bsh-litigation-media-releaseWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →