9 September 2024

The Fair Work Ombudsman has commenced legal action against a Gold Coast-based long distance road transport company and its accountant.

Facing court are AWT Transport Pty Ltd and Robert Reynolds, an accountant who provided services to AWT Transport and was not an employee of the company.

The regulator investigated after receiving a request for assistance from a worker who was employed by AWT Transport on a casual basis as a driver between February 2019 and August 2021.

A Fair Work Inspector issued a Compliance Notice to AWT Transport in November 2022 after forming a belief the company had underpaid the cents-per-kilometre rate the worker was entitled to under the Road Transport (Long Distance Operations) Awards 2010 and 2020.

The Fair Work Ombudsman alleges AWT Transport, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.

It is alleged that Mr Reynolds was involved in the contravention because AWT Transport had authorised him to respond to the Compliance Notice on behalf of the company but he failed to take the required actions.

It is the first time the Fair Work Ombudsman has taken legal action against an external professional services provider for alleged involvement in a company’s failure to comply with a Compliance Notice.

It is alleged that the amount AWT Transport was required to pay to comply with the Compliance Notice was $11,917.

Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take action in court where lawful requests are not complied with.

“When there is a failure to comply, we will take appropriate action to protect employees. A court can order the payment of penalties and order employers to make payments to workers,” Ms Booth said.

“This case also highlights that accountants, like other individuals, can face legal action if they are allegedly involved in a company’s breach.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. AWT Transport faces a penalty of up to $33,300 and Mr Reynolds faces a penalty of up to $6,660.

The regulator is also seeking an order for the company to pay the alleged outstanding amount to the employee, plus interest and superannuation.

A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 4 November 2024.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a union member.

The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.

Small businesses can find targeted resources at the Small Business Showcase.