Fair Work Ombudsman
Citation: FWO-2022-05-27-avant-garde-litigation-media-release
At a glance
- Respondent
- Avant-Garde Logistics Solutions Pty Ltd
- Penalty
- $33,300
- Employees affected
- 4
- Awards cited
- MA000117
What happened
The Fair Work Ombudsman has taken legal action against Avant-Garde Logistics Solutions Pty Ltd (trading as Apex Logistics) and its director, Yaping Li. This followed a request for assistance from workers and an investigation revealing potential underpayment. Four workers, including a 19-year-old and a visa holder from Nepal, were allegedly underpaid between September 2020 and March 2021. The alleged underpayments included minimum rates, casual loadings, minimum-engagement pay, and overtime entitlements under the Road Transport and Distribution Award 2020. The company failed to comply with Compliance Notices issued by a Fair Work inspector.
What was decided
The Fair Work Ombudsman is seeking penalties against Avant-Garde Logistics Solutions Pty Ltd and Yaping Li for failing to comply with Compliance Notices. The company faces penalties of up to $33,300 per contravention, and Ms Li faces penalties of up to $6,660 per contravention. The FWO also seeks orders for the company to rectify underpayments, including interest and superannuation. A directions hearing is scheduled for August 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 meeting their obligations regarding minimum rates, casual loadings, overtime, and other entitlements under relevant awards.
What it means for employees
Employees who believe they have been underpaid or are experiencing workplace issues should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/may-2022/20220527-avant-garde-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 →