Toowoomba furniture business Sunpine Pluss Furniture owners face Fair Work legal action over underpaying staff

Owners of a Toowoomba furniture business are facing legal action with Fair Work alleging they failed to pay a staff member their entitlements. Details here.

Two operators of a Toowoomba business are facing legal action after it was alleged they underpaid a staff member.

Owner of Sunpine Pluss Karenne Ann Gietzel and her husband Gary John Gietzel who is also involved in the business operations will face court as a result of the claims.

The Toowoomba-based business, which trades as Sunpine Furniture, sells wooden pieces and first registered as a business in March 2003.

An inspector from the Fair Work Ombudsman began investigating the matter after a former employee requested assistance from the regulator.

The staff member was employed as a furniture sander and labourer on a casual basis by the sole trader between July 2020 and June 2021.

John Gietzel at Sunpine Furniture.

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

A Fair Work spokesperson alleged “Ms Gietzel without reasonable excuse, failed to comply with the compliance notice, which required her to calculate and back-pay the worker’s entitlements” and “Mr Gietzel was involved in the contravention”.

The pair face a penalty of up to $6600 if found guilty of failing to comply with the notice.

Fair Work is also seeking a court order which requires any underpayments to be rectified in full in addition to superannuation and interest.

A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on August 7.

Mr Gietzel said “yes, the employee involved in this matter was employed via a third party specialising in people with a disability making communications restrictive”.

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

A fire which destroyed part of the Sunpine Furniture showroom and office on Anzac Ave in 2014. Picture: Contributed

The business was forced to rebuild after a fire destroyed part of its showroom and office on Anzac Ave in 2014.

Fair Work Ombudsman Sandra Parker said when employers failed to comply, the organisation would take appropriate action to protect staff members and their entitlements.

“A court can order business operators to pay penalties in addition to back-paying workers,” Ms Parker said.

“Any employees with concerns about their pay or entitlements should contact the Fair Work

Ombudsman for free assistance.”

For free advice phone Fair Work on 13 13 94 or visit fairwork.gov.au