A Sunshine Coast road-transport company and its sole director have been ordered to pay a combined $16,155 in penalties and back-pay after the company failed to comply with a Fair Work Ombudsman notice concerning a former truck driver’s annual leave.
The Federal Circuit and Family Court imposed a $7,500 penalty against Barco Traders Pty Ltd, which the Fair Work Ombudsman says transports supermarket food waste. The Court had earlier imposed a $3,990 penalty on the company’s sole director, Daniel John McGettigan.
In addition, the Court ordered Barco Traders to back-pay $4,665 in outstanding entitlements to the worker.
Compliance notice followed driver’s departure
According to the Fair Work Ombudsman, the worker was employed full-time as a truck driver from late 2021 until June 2023.
A Fair Work Inspector issued Barco Traders with a Compliance Notice in December 2023 after forming a belief that the company had not paid the driver’s accrued but untaken annual leave at the end of employment. The entitlement arose under the National Employment Standards.
The later penalties were imposed after the company did not comply with that notice. The Ombudsman said Mr McGettigan was involved in the contravention.
What the case means for operators
The case is a reminder that a Compliance Notice does not replace the underlying entitlement. If an employer does not comply, the Fair Work Ombudsman can pursue court action seeking both penalties and an order requiring the worker to be paid.
Fair Work Ombudsman Anna Booth said employers that did not act on Compliance Notices could face court-imposed penalties on top of payment orders.
The Ombudsman’s release does not identify the driver’s award classification, ordinary-hours arrangements or the reason the annual leave was not paid. WWTG has therefore not drawn conclusions beyond the court outcome and the regulator’s account.