Fair Work Ombudsman
Citation: FWO-2023-08-10-harris-group-litigation-media-release
At a glance
- Respondent
- Harris Group Co Pty Ltd
- Penalty
- $33,300
- Employees affected
- 1
- Awards cited
- MA000117
What happened
The Fair Work Ombudsman has taken legal action against Harris Group Co Pty Ltd (formerly Harris Trucking) and its sole director, the Respondent. The company, located in Traralgon, Victoria, was investigated following a request for assistance from a part-time delivery driver who worked between September 2021 and January 2022. A Fair Work Inspector issued a Compliance Notice in April 2022, alleging underpayment of overtime, Saturday penalty rates, and annual leave entitlements under the Road Transport and Distribution Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking penalties against Harris Group Co Pty Ltd and the Respondent for failing to comply with a Compliance Notice. The company faces a potential penalty of up to $33,300, and the Respondent faces a potential penalty of up to $6,660. The FWO is also seeking orders for the company to rectify the alleged underpayment, including interest and superannuation. A hearing is scheduled for October 6, 2023, in the Federal Circuit and Family Court in Melbourne.
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 ensure they are meeting their obligations under relevant awards and the National Employment Standards, including paying correct penalty rates and annual leave entitlements.
What it means for employees
Employees who believe they have been underpaid or are unsure about their workplace entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Infoline provides advice and support to employees regarding their rights and obligations.
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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 →