Automotive maintenance and tyre business in court
The Fair Work Ombudsman has commenced legal action against the operators of a former automotive maintenance and tyre business based in Dubbo, in regional NSW.
Facing court are DD Tyre & Auto Pty Ltd, which traded as ‘Goodyear Autocare Dubbo’ before it closed, and the company’s sole director and owner Darren Didus.
The regulator investigated after receiving a request for assistance from a worker DD Tyre & Auto employed as a full-time vehicle mechanic between May 2023 and February 2024.
A Fair Work Inspector issued a Compliance Notice to DD Tyre & Auto in July 2024 after forming a belief that the company had underpaid the worker his minimum wages for ordinary hours and accrued but untaken annual leave entitlements at the end of his employment.
These entitlements were owed under the Vehicle Repair, Services and Retail Award 2020 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements, plus superannuation. It is alleged Mr Didus was involved in the contravention.
It is alleged that the amount DD Tyre & Auto was required to pay to comply with the Compliance Notice was $25,887.
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 appropriate action to protect employees. A court can order a business to pay penalties, and to take steps to comply with a Compliance Notice including calculating and back-paying entitlements,” Ms Booth said.
“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. DD Tyre & Auto Pty Ltd faces a penalty of up to $93,900 and Mr Didus faces a penalty of up to $18,780.
The regulator is also seeking an order requiring the company to comply with the Compliance Notice, by rectifying any amount owed under the Compliance Notice in full, plus superannuation and interest.
In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.
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. An 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.
