Fair Work Ombudsman
Citation: FWO-2023-03-06-bsh-transport-penalty-media-release
At a glance
- Respondent
- BSH Transport Solutions Pty Ltd
- Penalty
- $19,000
- Employees affected
- 1
What happened
BSH Transport Solutions Pty Ltd, a freight transport company based in Regency Park, Adelaide, and its sole director, Brenton Philip Smith, have been penalised by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a payroll manager requested assistance. The company failed to comply with a Compliance Notice requiring back-payment of entitlements. The manager was employed between January 2019 and May 2021 and was owed approximately $11,438 in personal and annual leave entitlements.
What was decided
The Federal Circuit and Family Court imposed a $16,000 penalty against BSH Transport Solutions Pty Ltd and a $3,000 penalty against Brenton Philip Smith. The company must also back-pay the worker’s outstanding entitlements, including superannuation and interest. The court noted it took a year for the company to make a partial back-payment and that penalties are needed to deter similar conduct by other employers. Judge Brown emphasised the importance of rectifying errors quickly and cheaply for the benefit of both business and employee.
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 court-imposed penalties and the obligation to back-pay entitlements. Employers should proactively manage their businesses to ensure errors are rectified promptly.
What it means for employees
Employees who have concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman can investigate and enforce compliance with workplace laws.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/march-2023/20230306-bsh-transport-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 →