24 May 2011
Director fined $5000 over workplace breach
The former director of a northern NSW transport company has been fined $5000 for his involvement in failing to provide at least 40 long distance truck drivers with rostered days off.
Colin Alexander Neave, of Terranora, received the fine in the Federal Magistrates Court in Sydney following a prosecution by the Fair Work Ombudsman.
The fine must be paid within 28 days.
Neave was the operator, sole director and part-owner of Tweed Heads-based transport company Corporate Consulting (Australia) Pty Ltd before the company went into liquidation in June last year.
Federal Magistrate Rolf Driver yesterday imposed the fine after Neave admitted he was centrally involved in failing to provide at least 40 long distance truck drivers with rostered days off between March, 2006 and December, 2009.
The drivers, who transported general freight between various distribution centres in NSW, were entitled to the rostered days off under their workplace Award.
A number of the drivers were individually denied more than 20 rostered days off.
Fair Work Ombudsman Executive Director Michael Campbell says the penalty sends a clear message to company directors that they can be held accountable for the failures of their businesses to provide workers with their full entitlements.
“And we will not hesitate to pursue individual directors in cases where they are centrally involved in denying workers their entitlements,” he said.
“Successful prosecutions such as this also benefit employers who are complying with workplace laws because it helps them to compete on a level playing field.”
The Fair Work Ombudsman could not prosecute Corporate Consulting (Australia) Pty Ltd because the company is in liquidation.
Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fairwork.gov.au.
An interpreter service is available on 13 14 50.
Ryan Pedler, Senior Adviser, Media & Stakeholder Relations
(03) 9954 2561, 0411 430 902