Sydney Indoor MX Dome, Eastern Creek: Staff claim no super was paid as EPA investigate civil work

Former staff of the failed Sydney Indoor MX Dome have claimed they were not paid superannuation while working at the facility, as liquidators are appointed.

Major debts continue to be exposed for the failed Sydney Indoor MX Dome at Eastern Creek — as staff now come forward with claims of unpaid superannuation from the failed business.

It comes as liquidators were brought in to attempt to payout the figures owed to contractors who built the motocross structure, after NewsLocal revealed some were owed as much as $250,000 in works completed at the inflatable dome.

(l to r) Barbara and Matt Bartolo owners of Sydney Indoor MX Dome. Picture: John Fotiadis

NewsLocal can now reveal the NSW Environment Protection Authority is also reviewing a series of complaints issued to the department last month regarding civil work at 50 Peter Brock Dr, Eastern Creek, relating to the Indoor MX Dome.

Hall Chadwick representatives, David Ingram and Richard Albarran, were assigned as liquidators for the failed business on March 29.

One former staff member claimed she and several other employees never received superannuation payments for their time employed at the Sydney Indoor MX Dome.

“Pay was issued late regularly, this was something that happened often,” the former staff member said. “We never received pay slips, so we had no idea that we weren’t being paid our super.”

The Sydney Indoor MX Dome has closed as creditors line up with claims they weren't paid for work completed on the $5 million development. Picture: Blacktown Council

The staff member said several employees raised concerns around the lack of penalty rates being paid to them for Sunday and public holiday work.

“They told us we weren’t entitled to it under the award, however, when we inquired with FairWork we were told we should be getting these penalty rates,” she said. “We were promised them for months but there was always an excuse.

“I gave up on asking to be paid my super and penalty rates, so I just jumped ship.”

A third staff member claimed they would be owed as much as $4000 in unpaid super, which they are convinced they will never receive.

Hall Chadwick declined to answer questions put to the liquidators several times regarding the number of creditors involved, or money owed in the liquidation case.

Sydney Indoor MX Dome operator Barbara Bartolo claimed the financials and payroll were controlled by investor Benny Howlin of BKH Group company .

Sydney Indoor MX Dome. Picture: John Fotiadis

“I was unaware of the pay situation until just before we closed,” Mrs Bartolo said.

“I was told about this at a staff meeting — the financials and payroll was controlled and approved by Daniel Poulos an employee of Benny Howlin, Daniel is also a part owner of the MX Dome, (the accountant was) another employee of Benny Howlin prepared the day to day accounts including the payroll. (The accountant) reported to Daniel Poulos.

“The staff also advised me that they told (a senior employee) about the problems but he did nothing nor did he make me aware of the problems.”

Mrs Bartolo told NewsLocal she and her husband were also not paid wages and entitlements by the majority shareholders.

Barbara Bartolo, one of the owners of Sydney Indoor MX Dome. Picture: John Fotiadis

However, the senior employee referred to by Mrs Bartolo rejected her claims, telling NewsLocal they were “competely untrue”.

“Superannuation and staff entitlements were raised at board meetings, they were also raised by the accountant — employed by the Bartolo’s — on several occassions,” he said.

“Superannuation was building up and there were concerns from the accountant and myself that they may not have the funds to pay on time.

“We had weekly and amlost daily meetings about what is going on at the place.”

He said he had “no control over financial decisions” made at the Sydney Indoor MX Dome.

“Barbara Bartolo was in control of all payments, she and her husband Matt oversaw all financial decisions,” he said.

“I was only installed as an approved signatory after financial responsibility without any crosschecking was taken away from the Bartolo’s.”

Sydney Indoor MX Dome closed in December. Picture: John Fotiadis

Investor Daniel Poulos said he and shareholder Benny Howlin were only ever involved in the business as investors.

““Mr Howlin, through All Domes Pty Ltd funded a total of $5 million with 51 per cent of ownership of the business as a shareholder only,” he said. Through Dome DP, we invested a further $600,000 into the business to ensure that it could get off the ground.

“They haven’t put a single dollar into this venture.”

Mr Poulos said he and other investor Benny Howlin were “never directors of the business”.

“The business bank accounts are linked and controlled by Mrs Bartolo, we have no control over them.

“I could never process payments only view the payments made.”

Mr Pouos also rejected claims the MX Dome’s accountant was employed by he and Mr Howlin.

Sydney Indoor MX Dome at Eastern Creek. Picture: John Fotiadis

“When it comes to Superannuation, we had no access or responsibility of payment, the Bartolo’s employed the staff out of their own entity, which investors had no ownership or management of,” he said.

“I am only a director of a single entity involved in the structure, that was developed to facilitate eftpos terminals and purchase assests which were never purchased.”

Mr Poulos said Mr and Mrs Bartolo were paid advances of $4000 weekly, 10 months before the business opened, “out of the kindness of our hearts” following allegations by Mrs Bartolo that she and her husband were left unpaid.