Fair Work Ombudsman
Citation: FWO-2025-01-17-ktm-penalty-media-release
At a glance
- Penalty
- $7,200
- Employees affected
- 1
- Awards cited
- MA000033
What happened
KTM Express (NSW) Pty Ltd, a road transport company in south-west Sydney, and its director Teresa Mamone have been penalised by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice issued by the Fair Work Ombudsman. The Compliance Notice related to underpayment of a full-time truck driver between November 2018 and March 2021. The worker was underpaid meal allowances, overtime rates, and penalty rates. The company back-paid the worker $30,321 after the Fair Work Ombudsman commenced legal action.
What was decided
The Federal Circuit and Family Court imposed a $6,000 penalty against KTM Express (NSW) Pty Ltd and a $1,200 penalty against Teresa Mamone. The penalties were for failing to comply with the Compliance Notice. Judge Robert Cameron stated that penalties are needed to deter other employers from ignoring Compliance Notices. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices to avoid penalties and back-paying workers.
What it means for employers
Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties in addition to back-paying entitlements. The road transport industry should be particularly aware of their obligations.
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 advice and assistance. There are resources available to help understand workplace rights and obligations.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/january-2025/20250117-ktm-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 →