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FWO takes freight transport company to court

An Adelaide company is being taken to court over allegedly underpaying annual and personal leave entitlements

The Fair Work Ombudsman (FWO) has commenced legal action against an Adelaide freight transport company and its director.

Regency Park-based BSH Transport Solutions and its sole director Brenton Philip Smith have been issued a compliance notice and will face court in April.

The Adelaide transport company faces court in April

The FWO began an investigation into the freight transport company after receiving a request for assistance from a worker employed by the group as a pay-roll manager between January 2019 and May 2021.

A Fair Work inspector issued the compliance notice to BSH Transport Solutions in May 2021 after forming a belief that the worker had been underpaid annual and personal leave entitlements under the Fair Work Act.

The FWO alleges BSH Transport Solutions, without reasonable excuse, failed to comply with the compliance notice, which required it to calculate and back-pay the worker’s entitlements.

Also alleged is that BSH director Smith was involved in the contravention of entitlements under the Fair Work Act.

“When employers do not comply, we will take appropriate action to protect employees,” Fair Work Ombudsman Sandra Parker says.

“A court can order a business to pay penalties in addition to back-paying workers.

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

The FWO is seeking penalties against BSH Transport Solutions and Smith for allegedly failing to comply with the compliance notice.

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The maximum penalty for the company is $33,300 and the maximum penalty for Smith is $6,660.

Alongside these penalties, the FWO is also seeking an order for the company to comply with the notice, which includes rectifying any underpayments in full, plus interest and superannuation.

A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 19 April 2022.

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