Road transport company faces court
The Fair Work Ombudsman has commenced legal action against a road transport company in south-west Sydney.
Facing court are KTM Express (NSW) Pty Ltd, based in the Macarthur Region, and the company’s director, Teresa Mamone.
The regulator investigated after receiving a request for assistance from a worker who was employed by KTM Express as a full-time truck driver between November 2018 and March 2021.
A Fair Work Inspector issued a Compliance Notice to KTM Express in March 2022 after forming a belief the worker had been underpaid meal allowances, overtime rates and penalty rates for working early and on public holidays, owed under the Road Transport and Distribution Award 2010 and Road Transport and Distribution Award 2020.
The Fair Work Ombudsman alleges KTM Express, 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 Ms Mamone was involved in the contravention.
It is alleged the worker is owed $30,321.
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 in court. For the alleged failure to comply with the Compliance Notice, KTM Express (NSW) Pty Ltd faces a penalty of up to $33,300 and Ms Mamone faces a penalty of up to $6,660.
The regulator is also seeking orders for the company to rectify the alleged underpayment in full, plus interest and superannuation. A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 2 February 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.
