Fair Work Ombudsman
Citation: FWO-2023-06-22-cooper-litigation-media-release
At a glance
- Respondent
- Rhino Machinery Maintenance Pty Ltd trading as Bairnsdale Hydraulics
- Penalty
- $3,596
- Employees affected
- 1
What happened
The Fair Work Ombudsman commenced legal action against the Respondent, the former owner-operator of Rhino Machinery Maintenance Pty Ltd (trading as Bairnsdale Hydraulics) in Victoria. A worker, employed as a full-time mechanic from October 2018 to October 2021, requested assistance. A Fair Work Inspector issued a Compliance Notice in July 2022, believing the worker was not paid accrued annual leave entitlements. The company has since gone into liquidation.
What was decided
The Federal Circuit and Family Court imposed a $3,596 penalty against the Respondent for failing to comply with the Compliance Notice. The Fair Work Ombudsman is seeking a court order for the Respondent to rectify alleged underpayments of $15,961 and a penalty of up to $6,660. The first directions hearing is scheduled for July 6, 2023.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in penalties and court orders to back-pay entitlements. Ensure accurate record-keeping and timely payment of employee entitlements, including annual leave.
What it means for employees
Employees who believe they are owed unpaid entitlements should contact the Fair Work Ombudsman for assistance. Free advice and support are available through the Fair Work Infoline.
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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 →