Transport services company in court
The Fair Work Ombudsman has commenced legal action against the operators of a Melbourne-based transport services business.
Facing court are Express Cars Direct Australia Wide Pty Ltd, which is based in Melbourne and operates the ‘Express Cars Direct’ business nationally, and the company’s sole director, Billy Petrevski.
The regulator investigated after receiving a request for assistance from a Melbourne-based worker Express Cars Direct Australia Wide employed as a driver between April 2019 and May 2021.
A Fair Work Inspector issued a Compliance Notice to the company in August 2022 after forming a belief the worker had not been paid outstanding wages, owed under the Road Transport and Distribution Award 2020, and annual leave entitlements, owed under the Fair Work Act’s National Employment Standards, when his employment ended.
The Fair Work Ombudsman alleges Express Cars Direct Australia Wide, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Petrevski was involved in the contravention.
Fair Work Ombudsman Anna Booth 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,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties against Express Cars Direct Australia Wide Pty Ltd and Mr Petrevski for the alleged failure to comply with the Compliance Notice. The company faces a penalty of up to $33,300 and Mr Petrevski faces a penalty of up to $6,600.
The regulator is also seeking orders for the company to rectify the alleged underpayment in full, plus interest and superannuation.
A hearing is listed in the Federal Circuit and Family Court in Melbourne on 30 May 2024.
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.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Small businesses can find targeted resources at the Small Business Showcase.
