Fair Work Ombudsman
Citation: FWO-2022-05-10-mariano-lobos-litigation-media-release
At a glance
- Respondent
- RBE Transport
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman commenced legal action against the Respondent and a co-worker, who operated RBE Transport, a furniture delivery business in Maitland, NSW. The action followed a request for assistance from a worker employed as a full-time furniture delivery assistant from December 2020 to July 2021. A Fair Work Inspector issued a Compliance Notice in September 2021, believing the worker had not been paid all entitlements under the Road Transport and Distribution Award 2020 and the Fair Work Act, including accrued but untaken annual leave. The Respondent allegedly failed to comply with the notice, and his colleague was allegedly involved.
What was decided
The Fair Work Ombudsman is seeking a penalty against the Respondent and his colleague for failing to comply with the Compliance Notice. Each faces a potential penalty of up to $6,660. The Ombudsman also seeks an order for the Respondent to calculate and rectify any underpayments, plus interest. A directions hearing is scheduled in the Federal Circuit and Family Court in Sydney.
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 and orders to back-pay entitlements, plus interest. Businesses should ensure they understand and meet their obligations under workplace laws and awards.
What it means for employees
Employees who believe they have not received all their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman encourages employees to raise concerns about their pay and entitlements.
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This summary was drafted 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 →