Operator of vehicle repair business faces court
The Fair Work Ombudsman has commenced legal action against the operator of a vehicle repair and maintenance business based in Brisbane, Queensland.
Facing court is Bhangu Pty Ltd as trustee for Raam Family Trust, which operated a business trading as Rehaan Automotive Care based in Archerfield, a suburb in southern Brisbane.
The regulator began an investigation after receiving a request for assistance from a visa-holder worker who was employed as a full-time motor mechanic between February 2017 and February 2018.
A Fair Work Inspector issued a Compliance Notice to Bhangu Pty Ltd in September 2021 after forming a belief the worker had not been paid minimum wages and accrued annual leave on termination, including loading, owed under the Vehicle, Manufacturing, Repair, Services and Retail Award and the Fair Work Act 2009.
The Fair Work Ombudsman alleges Bhangu Pty Ltd, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and pay to the former employee the outstanding 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.
Bhangu Pty Ltd faces a penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice.
The Fair Work Ombudsman is also seeking a court order for Bhangu Pty Ltd to take the actions required by the Compliance Notice, including calculating and rectifying any underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 11 July 2022.
Information for visa holder workers is available on our website. 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.
