Fair Work Ombudsman
At a glance
- Express Cars Direct Australia Wide Pty Ltd
- $33,300
- 1
- MA000123
What happened
The Fair Work Ombudsman has commenced legal action against Express Cars Direct Australia Wide Pty Ltd, a Melbourne-based transport services business, and its sole director, the Respondent. The action follows a request for assistance from a former driver employed between April 2019 and May 2021. A Fair Work Inspector issued a Compliance Notice in August 2022, alleging unpaid wages 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 Express Cars Direct Australia Wide Pty Ltd and the Respondent for failing to comply with the Compliance Notice. The company faces a penalty of up to $33,300, and the Respondent faces a penalty of up to $6,600. The FWO also seeks orders for the company to rectify the alleged underpayment, including interest and superannuation. A hearing is scheduled for May 30, 2024, in the Federal Circuit and Family Court.
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. Businesses should ensure they understand their obligations regarding wage and leave entitlements and respond promptly to any Compliance Notices received.
What it means for employees
Employees who believe they have not been paid correct wages or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides resources and advice to help employees understand their workplace rights.
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Liquid Employment Lawyers is a paid legal service and our referral partner, not free Fair Work advice. FairWork Mate may receive a referral fee from Liquid Legal. Tell them what has happened and a member of their team will call you back. For free general guidance, use our tools or call the Fair Work Ombudsman on 13 13 94.
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