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FWOFair Work Ombudsman · 23 March 2022

Fair Work Ombudsman

Citation: FWO-2022-03-24-jetta-express-litigation-media-release

At a glance

Respondent
Jetta Express Pty Ltd
Penalty
$3,125
Employees affected
1
Awards cited
MA000123

What happened

The Fair Work Ombudsman commenced legal action against Jetta Express Pty Ltd, a company providing baggage pickup and delivery services at airports across Australia. The action followed a request for assistance from a full-time driver employed at the Tullamarine site in Melbourne between September 2019 and May 2021. A Fair Work Inspector issued a Compliance Notice in August 2021, believing the worker was underpaid entitlements under the Road Transport and Distribution Award 2020 and the National Employment Standards, including accrued but untaken annual leave. Jetta Express failed to comply with the notice and subsequently back-paid the worker after legal action commenced.

What was decided

The Federal Circuit and Family Court imposed a $3,125 penalty against Jetta Express Pty Ltd for failing to comply with the Compliance Notice. The Fair Work Ombudsman is seeking a further penalty of up to $33,300 and an order for Jetta Express to pay outstanding annual leave entitlements, including interest. The company back-paid the worker in full after the Fair Work Ombudsman commenced legal action. A directions hearing was scheduled for May 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. Employers should ensure they are familiar with relevant awards and legislation, and accurately calculate and pay all employee entitlements.

What it means for employees

Employees who believe they have been underpaid or are not receiving their correct entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman is available to help resolve workplace disputes.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance

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-2022/20220324-jetta-express-litigation-media-release

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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 →

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