Sydney valet parking operator penalised
The Fair Work Ombudsman has secured $7,981 in penalties in court against the operator of a valet parking service in Sydney.
The Federal Circuit and Family Court imposed the penalty against sole trader Bradley Armstrong, who owns and operates ‘Cruise Control Australia Parking Sydney’.
The penalty was imposed in response to Mr Armstrong failing to comply with a Compliance Notice, which required him to calculate and back-pay entitlements owed to a worker employed on a casual basis as a car parking officer in 2023.
Mr Armstrong partially back-paid the worker’s entitlements after the Fair Work Ombudsman commenced legal action. The Court has also ordered Mr Armstrong to back-pay the amount still owing to the worker, plus interest and superannuation.
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to comply with the Compliance Notice.
“We do not tolerate the failure to act on Compliance Notices, and we will continue to take legal action to protect employees’ hard-earned wages,” Ms Booth said.
“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.
The regulator issued a Compliance Notice to Mr Armstrong in May 2024, after forming a belief Mr Armstrong had underpaid the worker’s penalty rates for weekend and overtime work between August and October 2023.
The worker’s entitlements were owed under the Car Parking Award 2020.
In her judgment, Judge Lisa Doust found Mr Armstrong’s failure to comply with the Compliance Notice showed “a complete disregard of his obligations and a failure to take the most basic steps to understand them”.
Judge Doust said, “a greater, rather than lesser, penalty” was appropriate to “focus (Mr Armstrong’s) mind upon the importance of his compliance obligations in the future” and to send a message to other like employers.
“The penalty imposed in the present matter must also be such as to achieve general deterrence; that is, to send a message to other like employers that Compliance Notices are serious, and the failure to respond to them carries serious consequences,” Judge Doust said.
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.
A free interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a member.
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.
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.
