Campervan hire business partnership faces court
The Fair Work Ombudsman has commenced legal action against a partnership that operated a campervan hire business from Hobart Airport.
Facing court is Brian Douglas McCullagh and Helen June McCullagh, a partnership that operated a caravan hire service trading as McCullagh Enterprises.
The regulator investigated after receiving a request for assistance from a former visa holder employee from the Philippines who had been engaged as a casual campervan cleaner between September 2018 and March 2020.
A Fair Work Inspector issued a Compliance Notice to the partnership in July 2021 after forming a belief the employee had been underpaid the casual minimum wage and overtime, weekend and public holiday rates owed under the General Retail Industry Award 2010.
Acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Hannah said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The Fair Work Ombudsman is seeking penalties. Mr and Ms McCullagh each face a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for the partnership to rectify the alleged underpayment in full, plus superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Hobart on 7 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 webpage 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.
