Fair Work Ombudsman
Citation: FWO-2022-04-29-alpine-fresh-penalty-media-release
At a glance
- Respondent
- Alpine Fresh Pty Ltd
- Penalty
- $31,968
- Employees affected
- 2
- Awards cited
- MA000173, MA000174
What happened
Alpine Fresh Pty Ltd, a Brisbane-based road freight transport company, and its director, Mitchel McAlpine, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of entitlements to two drivers employed on a casual basis. One driver was employed from October 2014 to July 2020, and the other from October 2018 to September 2020. The company failed to comply with Compliance Notices requiring back-payment of entitlements. The workers sought assistance from the Fair Work Ombudsman.
What was decided
The Federal Circuit and Family Court imposed a $26,640 penalty on Alpine Fresh Pty Ltd and a $5,328 penalty on Mitchel McAlpine. These penalties were issued due to the company’s failure to comply with Compliance Notices regarding underpayment. The company back-paid the workers only after the Fair Work Ombudsman commenced legal proceedings. Fair Work Ombudsman Sandra Parker emphasized the consequences of ignoring Compliance Notices, stating that legal action and penalties can follow.
What it means for employers
Employers must act promptly and appropriately when issued with Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties, in addition to the cost of back-paying entitlements. Directors can also be held personally liable.
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 Infoline is available for support and information.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/april-2022/20220429-alpine-fresh-penalty-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 →