Fair Work Ombudsman
Citation: FWO-2022-11-03-avant-garde-penalty-media-release
At a glance
- Respondent
- Avant-Garde Logistics Solutions Pty Ltd
- Penalty
- $77,400
- Employees affected
- 4
- Awards cited
- MA000012
What happened
Avant-Garde Logistics Solutions Pty Ltd, trading as Apex Logistics, and its former director Yaping Li have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of four workers, including a 19-year-old and a visa holder. The workers were employed as general hands and a driver between September 2020 and March 2021. The company failed to comply with Compliance Notices requiring back-payment of entitlements. The Fair Work Ombudsman received requests for assistance from the affected workers.
What was decided
The Court imposed $64,800 in penalties against Avant-Garde Logistics Solutions Pty Ltd and $12,600 against Yaping Li. The company must now comply with the Compliance Notices, back-paying the workers with superannuation and interest. The judge found a lack of contrition or corrective action. The Fair Work Ombudsman emphasized the consequences of failing to act on Compliance Notices and prioritizes protecting vulnerable employees. The Court deemed the conduct serious, warranting strong disapproval.
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 be particularly aware of their obligations to vulnerable employees, such as young workers and visa holders. Taking action to protect these employees is a priority for the agency.
What it means for employees
Employees who believe they have been underpaid or are unsure of their entitlements should contact the Fair Work Ombudsman for free advice and assistance. Visa holders can seek help without fear of visa repercussions due to the Assurance Protocol.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/november-2022/20221103-avant-garde-penalty-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 →