Fair Work Ombudsman takes Barco Traders Pty Ltd to court
A Sunshine Coast company has copped a whack from the Fair Work ombudsman two years after an employee reported an alleged pay discrepancy.
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A Sunshine Coast trucking business is in hot water over an alleged pay dispute.
The Fair Work Ombudsman will take Barco Traders Pty Ltd and its director, Daniel John McGettigan, to court after the company allegedly failed to comply with an official notice.
The company, which transports food waste from supermarkets, is involved in an alleged pay dispute with a worker.
A compliance notice was issued to Barco Traders in December 2023 after a Fair Work Inspector found reasonable grounds to believe the company had failed to pay a worker’s annual leave entitlements at the end of his employment.
After receiving a request for assistance from a full-time truck driver employed by the company between December 2021 to June 2023, the regulator determined the amount Barco Traders was required to pay under the compliance notice was $6950.
Accrued but untaken annual leave is owed under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleged Barco Traders failed to back pay the worker in accordance with the compliance notice, without reasonable excuse.
The owner, Mr McGettigan is also alleged to be involved.
The court action by Fair Work is seeking penalties from Barco Traders of up to $46,950 and Mr McGettigan faces a penalty of up to $9,390.
Fair Work Ombudsman Anna Booth said they would continue to take businesses to court in order to enforce workplace laws and ensure lawful requests are 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 make payments to workers,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” she said.
The case will be heard in Brisbane Federal Circuit and Family court in June.
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