Fair Work Ombudsman
At a glance
- RC Express
- $3,500
- 4
- MA000046, MA000064, MA000065, MA000066, MA000084
What happened
The Fair Work Ombudsman secured a penalty against the Respondent, who operated 'RC Express' in Taree, NSW. This followed her failure to comply with a Compliance Notice regarding four workers employed between February 2016 and June 2021. The workers, including an administration clerk and three delivery drivers, were allegedly underpaid various entitlements. A Fair Work Inspector issued the Compliance Notice in September 2021. The workers have received partial back-payment of $1,200.
What was decided
The Federal Circuit and Family Court imposed a $3,500 penalty against the Respondent. She must also rectify $20,684 in underpayments, including superannuation and interest. The court considered the underpayments significant and noted limited back-payment. Judge Humphreys stated failure to comply with Compliance Notices will not be tolerated. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and seeking assistance if needed.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in court-imposed penalties and the obligation to back-pay underpaid entitlements. The road freight transport industry is under scrutiny for non-compliance.
What it means for employees
Employees who believe they have been underpaid should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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