9 August 2023

The Fair Work Ombudsman has secured a $11,500 penalty in court against the former director of a motor vehicle repair company that was based at West Ryde, in Sydney’s north-west.

The Federal Circuit and Family Court has imposed the penalty against Wayne Thomas Williamson, who was the sole director of Central District Smash Repairs Pty Ltd, which is now in liquidation.

The penalties were imposed in response to Mr Williamson being involved in failing to comply with Compliance Notices requiring the calculation and back-payment of entitlements to two workers who had been employed at Central District Smash Repairs in full-time roles.

The Court ordered that the penalties go towards partially rectifying the underpayment of the two workers.

Acting Fair Work Ombudsman Kristen Hannah said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court.

“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Hannah said.

“Any employees with concerns about their pay or entitlements should contact the FWO for free assistance.”

The FWO investigated after receiving requests for assistance from the affected workers.

The workers include an estimator manager, who was employed at Central District Smash Repairs for approximately 3.5 years, and an administrative manager and payroll officer, who was employed at the company for more than 20 years.

A Fair Work Inspector issued Compliance Notices to Central District Smash Repairs in April and May 2022 after forming a belief the workers were not paid accrued but untaken annual leave entitlements at the end of their employment, owed under the Fair Work Act’s National Employment Standards.

Judge Douglas Humphreys found that Williamson’s contraventions were deliberate and that he had demonstrated a lack of genuine contrition and a lack of insight into the seriousness of the non-compliance.

In imposing the penalty, Judge Humphreys said there was a need to “signal both to Mr Williamson and the community that there are significant consequences in failing to comply with Compliance Notices”.

Judge Humphreys also noted that in July 2023 the Australian Securities and Investment Commission (ASIC) had disqualified Mr Williamson from managing corporations for three and a half years after failing to meet his obligations as a Director of three companies.

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.