Porky’s Garage owner Brian Rundle fined $7k for not paying deaf apprentice

The owner of a former Pooraka car repair business has been fined thousands and ordered to back-pay a handicapped apprentice.

The owner of a former Pooraka car repair business has been fined $7000 by a court for failing to back pay a deaf adult apprentice, who the judge said worked “for essentially nothing”.

The Federal Circuit Court fined Brian Rundle, of Porky’s Garage, $7042.50 after he failed to adhere to a compliance notice issued by the Fair Work Ombudsman, in September 2023.

Porky’s Garage owner Brian Rundle has been fined $7k for not paying a deaf apprentice. Pic: iStock

The compliance notice had required Mr Rundle to back-pay entitlements owed to a deaf adult apprentice employed at his business between September 2022 and March 2023.

“To all intents and purposes, (the worker) worked during this period for essentially nothing,” Judge Stewart Brown found.

“He must be regarded as a vulnerable employee given his deafness and the fact that he required work to complete his apprenticeship.”

Judge Brown also ordered Mr Rundle to comply with the notice, requiring him to calculate and back-pay entitlements to the worker.

“This is not a case of some modest underpayment because of a lack of understanding of the

complexity of the applicable modern award or some other example of inadvertence,” he said.

“In simple terms, (the worker) did not receive his wages notwithstanding his request that he

be paid and Mr Rundle’s clear appreciation that he should be paid.

“At the present time … these due wages are still outstanding. In these circumstances the matter must be regarded as being of a serious nature.”

The Fair Work Ombudsman investigated the matter after a request by the worker, who said they loved being an apprentice but had difficulties finding employment due to his deafness.

“When compliance notices are not followed, we will continue to take legal action to protect employees,” Ombudsman Anna Booth said.

“Employers also need to be aware that taking action to protect employees who are vulnerable in the workplace is among our top priorities.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

Originally published as Porky’s Garage owner Brian Rundle fined $7k for not paying deaf apprentice