Patient transport company penalised
The Fair Work Ombudsman has secured $9,014 in court penalties against a company that provided patient transport services in Sydney and one of the company’s directors.
The Federal Circuit and Family Court has imposed a $7,512 penalty against Workplace Medical Consultants Pty Ltd and a $1,502 penalty against company director David Zammitt.
The penalties were imposed in response to Workplace Medical Consultants failing to comply with a Compliance Notice, which required it to calculate and back-pay a worker’s entitlements. Mr Zammitt was involved in the contravention.
In addition to the penalties, the Court ordered Workplace Medical Consultants and Mr Zammitt to back-pay the worker’s outstanding entitlements in full, plus superannuation.
The company employed the worker as a full-time patient transport officer between August 2021 and April 2022. The worker’s duties included driving patients between health services.
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.
“When Compliance Notices are not followed, we are prepared to take legal action,” Ms Booth said.
“A court can order a business to pay penalties and make payments to workers.
“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.
A Fair Work Inspector issued a Compliance Notice to Workplace Medical Consultants in July 2023 after forming a belief the worker was underpaid entitlements owed under the Ambulance and Patient Transport Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The company underpaid the worker’s overtime rates, failed to pay his wages for his final two weeks of work and failed to pay him accrued but untaken annual leave entitlements at the end of his employment.
In his judgment, Judge Robert Cameron said the amount that was outstanding to the worker at the time the Compliance Notice was issued was $7,347.76 before tax.
Judge Cameron said the system of Compliance Notices is an economical and efficient way to bring “contraventions to the attention of the employer and to induce compliance with no further consequences for the employer, such as liability for penalty.”
“All that is required is that the stated contravention be remedied in accordance with the notice,” Judge Cameron said.
Judge Cameron found that there was a “need to manifest to the community more generally the Court’s disapproval of the conduct revealed in this proceeding”.
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.
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.
