Dudley Park mechanic fined for not paying annual leave entitlements

An Adelaide mechanic has been forced to pay a worker his owed entitlements in addition to nearly $20,000 in fines after refusing to follow a compliance notice.

A Dudley Park mechanic was fined nearly $20,000 after refusing to pay a former worker his leave entitlements.

Fair Work inspectors investigated Supreme Crash Repairs at Dudley Park after a request for help from a former worker who was employed as a spray painter from March 2020 to March 2021.

Investigators were satisfied the worker was not paid accrued but untaken annual leave entitlements at the end of his employment, and issued a compliance notice in May 2021.

In the Federal Circuit and Family Court, it was discovered Skyjohn Pty Ltd, which operated the mechanic, and director Peter Robinson refused to may the $1000 owed to the worker.

Supreme Crash Repairs director Peter Robinson was ordered to pay nearly $20,000 in fines after refusing to pay a worker his entitlements.

The court ordered Mr Robinson pay $16,650 in fines, and a further $3330 penalty for refusing the payment as well as back paying the worker the outstanding money.

Judge Stewart Brown found the Compliance Notice was “entirely disregarded” and that there was a need to impose penalties and deter the company and other employers from similar conduct.

Fair Work ombudsman Sandra Parker in their Melbourne offices. Aaron Francis/The Australian

Fair Work Ombudsman Sandra Parker said business operators that fail to act on compliance notices will have court imposed penalties in addition to being ordered to back-pay workers.

“When Compliance Notices are not followed, we are prepared to take legal action to ensure

workers receive their lawful entitlements,” Ms Parker said.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”