Fair Work Ombudsman
Citation: FWO-2024-11-18-express-cars-direct-penalty-media-release
At a glance
- Respondent
- Express Cars Direct Australia Wide Pty Ltd
- Penalty
- $25,740
- Employees affected
- 1
- Awards cited
- MA000047
What happened
Express Cars Direct Australia Wide Pty Ltd, a Melbourne-based transport services business, and its sole director, Billy Petrevski, have been penalized by the Federal Circuit and Family Court. This followed their failure to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice related to underpayment of wages and annual leave entitlements to a driver employed between April 2019 and May 2021. The Fair Work Ombudsman investigated after a worker requested assistance.
What was decided
The Federal Circuit and Family Court imposed a $21,450 penalty on Express Cars Direct Australia Wide Pty Ltd and a $4,290 penalty on Billy Petrevski. The court found their conduct lacked redemption and expressed little confidence that lessons had been learned. Judge Symons emphasized the need for penalties to deter future non-compliance with Compliance Notices. The Fair Work Ombudsman reiterated the importance of employers acting on Compliance Notices to protect employee entitlements.
What it means for employers
Employers must take Compliance Notices seriously and act upon them promptly. Failure to do so can result in substantial penalties. Demonstrating a lack of respect for Compliance Notices can lead to harsher penalties due to a perception of a lack of remorse or willingness to learn.
What it means for employees
Employees who believe they have been underpaid or are unsure of their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman offers resources and courses to help employers understand their obligations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/november-2024/20241118-express-cars-direct-penalty-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 →