Vehicle repair company operator faces court
7 February 2024
This matter was finalised in February 2024, with the Federal Circuit and Family Court imposing a $3,596 penalty against Mr Cooper for failing to comply with the Compliance Notice.
The Fair Work Ombudsman has commenced legal action against the former owner-operator of an industrial vehicle maintenance and repair company that was based in Victoria’s East Gippsland region.
Facing court is Michael John Cooper, who owned and operated Rhino Machinery Maintenance Pty Ltd, which traded as Bairnsdale Hydraulics in Bairnsdale, before the company went into liquidation.
The regulator investigated after receiving a request for assistance from a worker employed as a full-time mechanic at Bairnsdale Hydraulics between October 2018 and October 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Cooper’s company in July 2022 after forming a belief that the worker was not paid his accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act’s National Employment Standards.
It is alleged that the worker is owed $15,961.
The FWO alleges Mr Cooper, without reasonable excuse, was involved in failing to comply with the Compliance Notice, which required the calculation and back-payment of the worker’s annual leave entitlements.
Acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws and take business operators to court where lawful requests are not complied with.
“Where business operators do not comply, we will take appropriate action to protect employees. A court can order business operators 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 Hannah said.
The FWO is seeking a penalty against Mr Cooper for the alleged failure to comply with the Compliance Notice. He faces a penalty of up to $6,660.
The regulator is also seeking a court order for Mr Cooper to take the steps set out in the Compliance Notice, which includes rectifying the alleged underpayments in full.
The first directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 6 July 2023.
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.
