18 July 2025

The Fair Work Ombudsman has secured a penalty against the operator of an Adelaide business that failed to back-pay wages owing to a deaf apprentice.

The Federal Circuit and Family Court has imposed a $7,042.50 penalty against Brian Thomas Rundle, a sole trader who operated the ‘Porkys Garage’ motor vehicle services and repair business in Pooraka.

The penalty was imposed in response to Mr Rundle failing to comply with a Compliance Notice issued in September 2023 requiring him to calculate and back-pay entitlements owing to a deaf adult apprentice he employed at Porkys Garage between September 2022 and March 2023.

In addition to the penalty, Judge Brown has ordered Mr Rundle to comply with the Compliance Notice and pay interest and superannuation on the amounts required to be paid pursuant to the Compliance Notice.

Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.

“When Compliance Notices are not followed, we will continue to take legal action to protect employees, Ms Booth said.

“Employers also need to be aware that taking action to protect employees who are vulnerable in the workplace is among our top priorities.

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

The FWO investigated after receiving a request for assistance from the affected worker and commenced legal action after making several attempts to assist Mr Rundle to comply with the Compliance Notice issued to him.

The affected employee told the Fair Work Ombudsman that he loved being an apprentice but had encountered difficulties in finding employment due to his deafness. He also indicated that he had made constant requests for payment of wages and his perception was that he was being taken advantage of.

Judge Brown found that “To all intents and purposes, (the worker) worked during this period for essentially nothing” and found that “He must be regarded as a vulnerable employee given his deafness and the fact that he required work to complete his apprenticeship”.

“This is not a case of some modest underpayment because of a lack of understanding of the complexity of the applicable modern award or some other exemplar of inadvertence. In simple terms, (the worker) did not receive his wages not withstanding his request that he be paid and Mr Rundle’s clear appreciation that he should be paid,” Judge Brown said.

“At the present time, just over two years after ceasing employment for Mr Rundle and the compliance notice being issued, these due wages are still outstanding. In these circumstances the matter must be regarded as being of a serious nature.”

Judge Brown found there was a need to impose a penalty to deter Mr Rundle and other employers from similar contraventions in future.

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.

Employers can also use the FWO’s pay calculator and Small Business Showcase.