Central Queensland sole trader in court
The Fair Work Ombudsman has commenced legal action against the operator of an accommodation services business in central Queensland.
Facing court is Troy Malcolm Sawdy, a sole trader who operated a business trading as ‘Sawdy Pastoral Company’ which employed workers to provide housekeeping services at various properties.
The regulator began investigations after receiving requests for assistance from three workers who had been employed as full-time cleaners and housekeepers between July and December 2020.
A Fair Work Inspector issued Compliance Notices to Mr Sawdy in March and June 2021 after forming a belief the workers had been underpaid entitlements owed under the Miscellaneous Award 2020 and the Fair Work Act’s National Employment Standards.
The inspector formed a belief that the workers had been underpaid minimum wages, overtime rates and accrued but untaken annual leave entitlements at the end of their employment.
The FWO alleges Mr Sawdy, without reasonable excuse, failed to comply with the two Compliance Notices, which required him to calculate and back-pay the employees’ entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. 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 Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking penalties against Mr Sawdy for allegedly failing to comply with the two Compliance Notices. He faces a maximum penalty of up to $6,600 per contravention.
The regulator is also seeking an order for Mr Sawdy to comply with the Compliance Notices, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 29 April 2022.
The FWO has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders with work rights can seek our help without fear of their visa being cancelled. Information is available at our website for visa holder workers.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
