Gold Coast operator faces FWO payment action

Company had been on notice to back-pay truck driver’s entitlements

Gold Coast operator faces FWO payment action
Trucking Services faces a penalty of $31,500


The Fair Work Ombudsman (FWO) is taking action against a second trucking operator in as many months, this time against Gold Coast-based Trucking Services Pty Ltd.

The FWO has commenced legal action in the Federal Circuit Court, alleging Trucking Services breached the Fair Work Act by failing to comply with a compliance notice requiring it to calculate and back-pay entitlements owed to a truck driver for work completed between June 2017 and August 2018.

A Fair Work inspector issued the compliance notice in October 2019 in response to a request for assistance from the truck driver.

FWO commenced proceedings against Boske Road Transport in January

The compliance notice was issued after the Fair Work inspector conducted an investigation and formed a belief that Trucking Services allegedly underpaid minimum wages, overtime rates, weekend and public holiday penalties, carting livestock allowance and annual leave loading under the Road Transport and Distribution Award 2010.

The FWO also alleges in the compliance notice that Trucking Services breached the Fair Work Act by failing to pay out accrued annual leave on termination of the driver’s employment.

The ombudsman is seeking penalties against Trucking Services, which faces a maximum penalty of $31,500.

"Under the Fair Work Act, inspectors can issue a compliance notice if they form a belief that an employer has breached certain workplace laws," Fair Work Ombudsman Sandra Parker says.

"Where employers do not comply with our notices, a court can order them to pay penalties in addition to back-paying any affected employees.

"We encourage any workers with concerns about their pay and entitlements to contact us for assistance."

The FWO is also seeking a court order requiring Trucking Services to take the action required by the compliance notice, which includes calculating and then rectifying all owed entitlements in full, plus superannuation and interest.


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