Food waste road transport company penalised
The Fair Work Ombudsman has secured a total of $16,155 in penalties and back-pay orders in court against a Sunshine Coast-based road transport company and its director.
The Federal Circuit and Family Court has imposed a $7,500 penalty against Barco Traders Pty Ltd, which operates a business transporting food waste from supermarkets.
The Court had earlier imposed a $3,990 penalty against the company's sole director, Daniel John McGettigan.
The penalties were imposed in response to Barco Traders Pty Ltd failing to comply with a Compliance Notice requiring it to back-pay a worker it employed on a full-time basis as a truck driver between late 2021 and June 2023.
Mr McGettigan was involved in the contravention.
In addition to the penalties, the Court ordered Barco Traders Pty Ltd to back-pay the worker $4,665 in outstanding entitlements.
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 pay workers.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and to make payments,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance. They can also contact their union if they are a member.”
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Barco Traders Pty Ltd in December 2023 after forming a belief that the company had failed to pay the worker’s accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act’s National Employment Standards.
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.
In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.
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.
