Fair Work Ombudsman
Citation: FWO-2025-03-17-barco-litigation-media-release
At a glance
- Penalty
- $6,950
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Barco Traders Pty Ltd, a Sunshine Coast transport company involved in food waste, and its sole director and shareholder, Daniel John McGettigan. A truck driver worked for the company full-time from December 2021 to June 2023. A Fair Work Inspector issued a Compliance Notice in December 2023, alleging the company failed to pay accrued but untaken annual leave entitlements. The company was required to pay $6,950 to comply with the notice, which they allegedly did not do. Mr McGettigan is alleged to have been involved in the non-compliance.
What was decided
The Fair Work Ombudsman is taking Barco Traders Pty Ltd and Daniel John McGettigan to court for failing to comply with a Compliance Notice regarding unpaid annual leave entitlements. The company faces a potential penalty of up to $46,950, and Mr McGettigan faces a penalty of up to $9,390. The court is also expected to order the company to pay the $6,950 alleged outstanding amount to the employee. A directions hearing is scheduled for June 2, 2025.
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 and orders to back-pay employee entitlements. Directors can be held personally liable for breaches.
What it means for employees
Employees who believe they have not received their correct entitlements should contact the Fair Work Ombudsman for assistance. Free advice and resources are available through the Fair Work Infoline and website.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/march-2025/20250317-barco-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 →