Skip to main content
FairWorkMate
FWOFair Work Ombudsman · 27 June 2022

Fair Work Ombudsman

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

At a glance

Respondent
BGSZO Pty Ltd trading as Up Dog Diesel
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, the Respondent. 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 the Respondent for failing to comply with the Compliance Notice. BGSZO Pty Ltd faces a penalty of up to $33,300, and the Respondent 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.

Want this applied to your situation?

Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.

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

Want more cases like this?

FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.

Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.

Get notified on new Fair Work cases

Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.

Free forever. No spam. Unsubscribe anytime.

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 →

← All cases