Fair Work Ombudsman
Citation: FWO-2024-11-18-horne-distributors-litigation-media-release
At a glance
- Respondent
- Horne Distributors Pty Ltd
- Penalty
- $33,300
- Employees affected
- 3
- Awards cited
- MA000123
What happened
The Fair Work Ombudsman has commenced legal action against Horne Distributors Pty Ltd, a Hobart-based distribution company, and its sole director, the Respondent. The investigation began after workers, who were visa holders from India, requested assistance. They performed truck driving and other duties between April 2019 and July 2022. A Compliance Notice was issued in October 2022 regarding alleged underpayment of casual minimum 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 Horne Distributors Pty Ltd and the Respondent for failing to comply with a Compliance Notice and for alleged breaches of pay slip laws. Horne Distributors faces penalties of up to $33,300 for failing to comply with the Compliance Notice and $66,600 for the pay slip contravention. The Respondent faces penalties of up to $6,660 and $13,320 respectively. The court is also expected to order the company to calculate and rectify any underpayments, plus interest. A directions hearing is scheduled for November 26, 2024.
What it means for employers
Employers, particularly those employing visa holders, must comply with workplace laws and respond appropriately to Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements. The Fair Work Ombudsman prioritises protecting the rights of visa holder workers.
What it means for employees
Visa holder employees have the same workplace rights as all other employees. If you have concerns about your pay or entitlements, contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
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This summary was drafted 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 →