Operator of vehicle repair business penalised
The Fair Work Ombudsman has secured a $30,000 penalty in court against the operator of a vehicle repair and maintenance business in Brisbane.
The Federal Circuit and Family Court has imposed the penalty against Bhangu Pty Ltd, which operates a business trading as Rehaan Automotive Care, based in Archerfield.
The penalty was imposed in response to Bhangu Pty Ltd failing to comply with a Compliance Notice requiring it to calculate and back-pay entitlements to a visa-holder worker, from India, it employed as a full-time motor mechanic between February 2017 and February 2018.
The Court has also ordered the company to take the steps required by the Compliance Notice, which includes back-paying the worker in full, plus superannuation and interest.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Employers should also be aware that taking action to protect vulnerable employees, such as migrant workers, is a priority for the agency. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued the Compliance Notice to Bhangu Pty Ltd in September 2021 after forming a belief that the worker had been underpaid minimum wages and annual leave entitlements, owed under the Vehicle Manufacturing, Repair, Services and Retail Award and the Fair Work Act’s National Employment Standards.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
Small businesses can find targeted resources at the Small Business Showcase.
The Fair Work Ombudsman has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders with work rights can ask for help without fears for their visa. Details are at our visa holders webpage.
