Former Hobart distribution company operator penalised
The Fair Work Ombudsman has secured court penalties totalling $7,642 against the former operator of a distribution company based in Hobart, for breaches affecting migrant workers.
The Federal Circuit and Family Court imposed the penalties against Phillip Horne, who was the sole director of Horne Distributors Pty Ltd, which was wound up as insolvent.
The penalties were imposed in response to Mr Horne’s involvement in breaching pay slip laws and failing to comply with a Compliance Notice, which required the calculation and back-payment of workers’ entitlements.
Horne Distributors employed the four workers to perform truck driving and other duties for various periods between April 2019 and July 2022. The workers were visa holders from India.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply we will take action, including seeking penalties in court,” Ms Booth said.
“Employers also need to be aware that taking action to protect visa holder workers is among our top priorities.”
Ms Booth also said that failing to issue employees with pay slips was unacceptable.
“Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to provide accurate pay slips to their employees within one business day of them being paid,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The regulator investigated after receiving requests for assistance from affected workers.
A Fair Work Inspector issued a Compliance Notice to Horne Distributors in October 2022 after forming a belief the company had underpaid one worker’s casual minimum wages under the Road Transport and Distribution Award 2020 and underpaid two workers’ annual leave entitlements, owed under the Fair Work Act’s National Employment Standards.
In her judgement, Judge Sandra Taglieri labelled Mr Horne’s failure to comply with the Compliance Notice as “negligent”.
Judge Taglieri found that there was a need to impose penalties to deter Mr Horne and other employers from future breaches.
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 Fair Work Ombudsman filed 171 litigations against employers involving visa holder workers, and secured $39 million in penalties in cases that have included visa holder workers, in the eight financial years to June 2025.
The FWO has an online anonymous report tool, including options to report in languages other than English, and information for migrant workers, including on protections for their visas, is available at our visa holders and migrants webpage.
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.
Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.
