Toowoomba business owner Gary John Gietzel taken to court by Fair Work Ombudsman over employee wages

A former Toowoomba business owner is facing fresh allegations from the Fair Work Ombudsman of underpaying staff, just a week after a separate matter cost him thousands in penalties.

The former owner of a Toowoomba furniture business has been taken to court again by the Fair Work Ombudsman on the allegation he underpaid workers to the tune of more than $12,000.

Sole trader Gary John Gietzel, who operated Sunpine Furniture, will face court next month after the FWO alleged he had failed to follow a 2022 compliance notice.

The charges, which carry a maximum penalty of $6660 if sustained, relate to wages allegedly owed to three casual furniture labourers for work done between October 2020 and December 2021.

John Gietzel.

The regulator will allege the workers, two of which were 17 and 19 at the time, had been underpaid wages owed under the Timber Industry Award 2010 and the Timber Industry Award 2020.

The FWO argued Mr Gietzel had “failed to comply” with the notice, which required him to calculate and back-pay the workers’ entitlements.

On top of seeking a penalty, the regulator will ask for a court order that forces Mr Gietzel to meet the terms of the compliance notice.

The new court date comes just a week after he and his wife Karenne Ann Gietzel were forced to pay more than $5000 in penalties following a separate Fair Work investigation involving his business Sunpine Pluss.

The Federal Circuit and Family Court ordered penalties of $2000 against Ms Gietzel and $3200 against Mr Gietzel for the breach of a compliance notice relating to Sunpine Pluss, which arose following complaints made by a furniture sander and labourer.

Following the investigation, the Fair Work inspector found the staff member had not been paid in line with the Timber Industry Awards and a compliance notice was issued to Ms Gietzel in November 2021.

Mr Gietzel was approached for comment about the latest proceedings.

In response to the previous charges, Mr Gietzel said he had been co-operating with the regulator.

“Yes, the employee involved in this matter was employed via a third party specialising in people with a disability making communications restrictive,” he told News Corp in June.

“There are discrepancies involved however, we have and continue to co-operate with Fair Work to resolve the situation to satisfy both parties.”

Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court in such scenarios.

“Where employers do not comply, we will take appropriate action to protect employees. Protecting young workers is one of our top priorities,” she said.

“A court can order an employer to pay penalties in addition to back-paying workers.

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