Former vehicle repair and detailing trader penalised
The Fair Work Ombudsman has secured a penalty in court against the former operator of a vehicle repair and detailing business in Adelaide.
The Federal Circuit and Family Court has imposed a $3,330 penalty against former sole trader Antonio Anastasio who operated SA Dents & Detailing in Payneham.
The penalty was imposed in response to Mr Anastasio failing to comply with a Compliance Notice requiring the calculation and back-payment of entitlements to two workers employed at his business for short periods on a casual basis to perform car detailing duties.
One worker, a young worker aged 22 at the time, performed work at the business across approximately five weeks in October-November 2020, and the other worker performed approximately one week of work at the business in January 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Anastasio in February 2022 after forming a belief the workers had not been paid any wages for the work they performed when they were entitled to have received minimum wages, plus casual loading, under the Vehicle Repair, Services and Retail Award 2020.
In addition to the penalties, the Court has ordered Mr Anastasio to pay the outstanding amounts required by the Compliance Notice, to the workers in full, plus interest.
Acting Fair Work Ombudsman Mark Scully 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,” Mr Scully said.
“Employers also need to be aware that taking action to protect vulnerable workers, like young workers, continues to be a priority for the FWO. 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.
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 and information is available for employees and employers at our young workers and students webpage.
