Removal and storage business in court
1 June 2022
Note: This media release originally incorrectly indicated that the visa holder employee was from India.
The Fair Work Ombudsman has commenced legal action against the operators of a furniture removal and storage services business in Melbourne.
Facing court are Avant-Garde Logistics Solutions Pty Ltd, which trades as Apex Logistics, and company director Yaping Li.
The regulator began an investigation after receiving requests for assistance from workers.
A Fair Work inspector issued Compliance Notices to Avant-Garde Logistics Solutions Pty Ltd between March and June 2021 after forming a belief that four workers were underpaid by the company between September 2020 and March 2021.
The Fair Work inspector formed a belief that three of the workers were employed as general hands and one as a driver, and that the workers were variously underpaid minimum rates, casual loadings, minimum-engagement pay and overtime entitlements under the Road Transport and Distribution Award 2020.
One of the general hands was a young worker, aged 19 at the time of employment, and another was a visa holder from Nepal.
The FWO alleges Avant-Garde Logistics Solutions Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notices, which required the calculation and back-payment of the workers’ outstanding entitlements. It is alleged Ms Li was involved in the contraventions.
Acting Fair Work Ombudsman Mark Scully 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,” Mr Scully said.
The FWO is seeking penalties against Avant-Garde Logistics Solutions Pty Ltd and Ms Li for allegedly failing to comply with four Compliance Notices.
The company faces penalties of up to $33,300 per contravention and Ms Li faces penalties of up to $6,660 per contravention.
The regulator is also seeking orders for the company to comply with the Compliance Notices, including rectifying any underpayments in full, plus interest and superannuation. A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 10 August 2022.
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.
