Motor vehicle repair company director in court

28 February 2023

The Fair Work Ombudsman has commenced legal action against the director of a motor vehicle repair company that was based at West Ryde, in Sydney’s north-west.

Facing court is Wayne Thomas Williamson, who is the sole director of Central District Smash Repairs Pty Ltd, which is now in liquidation.

The regulator investigated after receiving requests for assistance from two workers Central District Smash Repairs had employed in full-time roles.

A Fair Work Inspector issued Compliance Notices to Central District Smash Repairs in April and May 2022 after forming a belief the workers were not paid accrued but untaken annual leave entitlements at the end of their employment, owed under the Fair Work Act’s National Employment Standards.

The workers include an estimator manager, who was employed at Central District Smash Repairs for approximately 3.5 years, and an administrative manager and payroll officer, who was employed at the company for more than 20 years.

The Fair Work Ombudsman alleges that Mr Williamson was involved in Central District Smash Repairs, without reasonable excuse, failing to comply with the two Compliance Notices, which required calculation and back-payment of the workers’ entitlements.

Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court where lawful requests are not complied with.

“Where business operators do not comply, we will take appropriate action to protect employees.”

“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 penalties against Mr Williamson in court for his alleged involvement in the failure to comply with two Compliance Notices. Mr Williamson faces penalties of up to $6,660 per contravention.

A directions hearing is listed in the Federal Circuit and Family Court in Parramatta on 21 April 2023.

The Fair Work Ombudsman could not continue to pursue legal action against Central District Smash Repairs Pty Ltd after the company went into liquidation.

Employers and employees can visit or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.

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