Fair Work Ombudsman
Citation: FWO-2024-09-09-awt-litigation-media-release
At a glance
- Penalty
- $11,917
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against AWT Transport Pty Ltd, a Gold Coast-based road transport company, and Robert Reynolds, an accountant who provided services to the company. The action follows a request for assistance from a driver who was employed casually between February 2019 and August 2021. A Fair Work Inspector issued a Compliance Notice in November 2022, alleging underpayment of a cents-per-kilometre rate. Reynolds responded to the Compliance Notice on behalf of AWT Transport but failed to take the required actions. This is the first time the FWO has taken legal action against a professional services provider for failing to comply with a Compliance Notice.
What was decided
The Fair Work Ombudsman is seeking penalties against AWT Transport and Robert Reynolds for failing to comply with a Compliance Notice. AWT Transport faces a penalty of up to $33,300, and Reynolds faces a penalty of up to $6,660. The FWO is also seeking an order for the company to pay the alleged outstanding amount of $11,917 to the employee, plus interest and superannuation. A directions hearing is scheduled for November 4, 2024, in the Federal Circuit and Family Court in Brisbane.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Engaging external professionals does not absolve a company of its responsibilities. Accountants and other service providers can be held liable if they are involved in a company’s failure to comply with workplace laws.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free assistance. The FWO offers free online courses for employers and resources for small businesses to understand Compliance Notices.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/september-2024/20240909-awt-litigation-media-releaseWant more cases like this?
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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 →