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FWOFair Work Ombudsman · 27 June 2022

Fair Work Ombudsman

Citation: FWO-2022-06-28-bgsz-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
1

What happened

The Fair Work Ombudsman commenced legal action against BGSZO Pty Ltd, trading as Up Dog Diesel, and its sole director, Dwane Johnson. The company, based in Ipswich, Queensland, was investigated following a request for assistance from a former tyre fitter who worked between April 2020 and April 2021. A Fair Work Inspector issued a Compliance Notice in July 2021 regarding unpaid annual leave entitlements. The company allegedly failed to comply with this notice.

What was decided

The Fair Work Ombudsman is seeking penalties against BGSZO Pty Ltd and Dwane Johnson for failing to comply with the Compliance Notice. BGSZO Pty Ltd faces a penalty of up to $33,300, and Mr Johnson faces a penalty of up to $6,660. The Ombudsman also seeks an order for BGSZO Pty Ltd to rectify the alleged underpayments, including interest. The matter is before the Federal Circuit and Family Court in Brisbane.

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. Ensure accurate calculation and payment of employee entitlements, particularly annual leave.

What it means for employees

Employees who believe they have not received correct pay or entitlements should contact the Fair Work Ombudsman for assistance. Free advice and support are available through the Fair Work Infoline.

underpaymentgeneral-protectionspenalty-ratesannual-leave

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/june-2022/20220628-bgsz-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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