NatRoad says a recent win for the fair work ombudsman is also a warning for operators to make sure their books are up-to-date and all employees, past and present, paid their dues.
A $19,000 win for the Fair Work Ombudsman against an Adelaide road freight operator, who ignored a compliance notice about employee backpay, sends a warning to all employers to check their awards and entitlements says the National Road Transport Association (NatRoad).
The Federal Circuit and Family Court imposed the penalties against a company and its Sole Director after finding there had been a failure to comply with a Fair Work Commission compliance notice requiring wage and entitlements for a payroll manager it had employed.
A $16,000 penalty was imposed against BSH Transport Solutions, based in Regency Park, and a $3,000 penalty against the company’s sole director, Brenton Philip Smith.
The court also ordered the company to take the steps required by the compliance notice, including calculating and back-paying the worker’s outstanding entitlements in full, plus superannuation and interest.
Although the issue pre-dated changes to workplace laws, the Fair Work Commission has put small businesses with 20 or more employees on notice that they could be subject to action if they have an expired enterprise agreement.
NatRoad says that this could involve past employee payments and entitlements and result in an expensive bill.
NatRoad urges all operators that are in any doubt about the status of your EBA or are concerned you may have outstanding payments on your books, to contact a NatRoad Adviser.