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FWOFair Work Ombudsman · 7 November 2023

Fair Work Ombudsman

Citation: FWO-2023-11-08-express-cars-litigation-media-release

At a glance

Respondent
Express Cars Direct Australia Wide Pty Ltd
Penalty
$33,300
Employees affected
1
Awards cited
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, Billy Petrevski. 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 Billy Petrevski for failing to comply with the Compliance Notice. The company faces a penalty of up to $33,300, and Mr Petrevski 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.

underpaymentpenalty-ratesgeneral-protectionsmodern-award-variationsham-contracting

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

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/november-2023/20231108-express-cars-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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