Fair Work Ombudsman
Citation: FWO-2022-12-22-bgszo-penalty-media-release
At a glance
- Respondent
- BGSZO Pty Ltd
- Penalty
- $15,982
- Employees affected
- 1
What happened
BGSZO Pty Ltd, formerly Up Dog Diesel in Ipswich, Queensland, failed to comply with a Fair Work Ombudsman Compliance Notice. The company serviced the mining industry and employed a tyre fitter from April 2020 to April 2021. The Compliance Notice related to unpaid accrued annual leave entitlements. The company and its sole director, Dwane Johnson, were penalised after failing to back-pay the worker until legal action commenced. The Fair Work Ombudsman received a request for assistance from the worker.
What was decided
The Federal Circuit and Family Court imposed a $13,330 penalty on BGSZO Pty Ltd and a $2,652 penalty on Dwane Johnson. These penalties resulted from the company's failure to comply with a Compliance Notice requiring back-payment of entitlements. The worker received the owed entitlements only after the Fair Work Ombudsman initiated legal proceedings. Fair Work Ombudsman Sandra Parker stressed the consequences of ignoring Compliance Notices.
What it means for employers
Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties in addition to back-paying workers' entitlements. It is crucial to ensure all employee entitlements are calculated and paid correctly.
What it means for employees
Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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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