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FWOFair Work Ombudsman · 9 August 2023

Fair Work Ombudsman

Citation: FWO-2023-08-10-harris-group-litigation-media-release

At a glance

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, Matthew Harris. 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 Matthew Harris for failing to comply with a Compliance Notice. The company faces a potential penalty of up to $33,300, and Mr Harris 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.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationcompliance

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/august-2023/20230810-harris-group-litigation-media-release

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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 →

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