Removalist business in court
The Fair Work Ombudsman has commenced legal action against a removalist and storage business in western Sydney.
Facing court is Johns Removalist & Storage Pty Ltd, based at Bossley Park.
The regulator investigated after receiving a request for assistance from a worker employed at the business in a clerical role from November 2020 to January 2021.
A Fair Work Inspector issued a Compliance Notice to the company in May 2021 after forming a belief the employee had not been paid entitlements owed under the Clerks—Private Sector Award 2020 and the National Employment Standards.
The inspector formed a belief the worker did not receive any wages for part of her employment period, and was not paid their accrued but untaken annual leave entitlements on termination of their employment.
The Fair Work Ombudsman alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s outstanding entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws in a proportionate manner during the COVID-19 pandemic and take business operators to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking a penalty. Johns Removalist & Storage Pty Ltd faces a penalty of up to $33,300.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying any underpayments in full to the worker, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 4 February 2022.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
