Court fines Gatton transport business for underpaying truck driver

9 April 2010

A transport business at Gatton, in Queensland, has been fined for underpaying a truck driver following a prosecution by the Fair Work Ombudsman.

B.W. Metcalf Pty Ltd has been penalised $6000 in the Federal Magistrates Court in Brisbane.

The company's sole owner and director, Brian Wallace Metcalf, of Toowoomba, has been fined a further $1200.

Federal Magistrate Michael Burnett imposed the penalties after the company failed to pay $9821 in accrued annual leave entitlements to a truck driver when the driver's employment was terminated in September, 2007.

B.W. Metcalf Pty Ltd, which is primarily engaged in grain haulage, had employed the truck driver for three-and-a-half years.

The company back-paid the driver the entitlements he was owed after the Fair Work Ombudsman launched its prosecution last year.

Fair Work Ombudsman Queensland Director Julie Wade says the court penalty reinforces the message that underpaying employees is a serious matter.

"Employers are responsible for making sure they understand and comply with workplace laws and that includes paying staff members their full entitlements," Ms Wade said.

Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit For translations call 13 14 50.

The Fair Work Ombudsman promotes harmonious, productive and co-operative workplaces. It also monitors compliance and investigates breaches of national workplace laws.

Media inquiries:

Craig Bildstien, Director Media & Stakeholder Relations,
0419 818 484

Ryan Pedler, Media & Stakeholder Relations Senior Adviser
(03) 9954 2561, 0434 365 924

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