18 November 2024

The Fair Work Ombudsman has commenced legal action against a distribution company based in Hobart and its director.

Facing court are Horne Distributors Pty Ltd and the company’s sole director and owner Phillip Horne.

The regulator investigated after receiving requests for assistance from workers Horne Distributors employed to perform truck driving and other duties for various periods between April 2019 and July 2022. The workers were visa holders from India.

A Fair Work Inspector issued a Compliance Notice to Horne Distributors in October 2022 after forming a belief the company had underpaid one worker’s casual minimum wages under the Road Transport and Distribution Award 2020 and underpaid two workers’ annual leave entitlements, owed under the Fair Work Act’s National Employment Standards.

The Fair Work Ombudsman alleges Horne Distributors, without reasonable excuse, failed to fully comply with the Compliance Notice, which required it to calculate and back-pay the workers’ entitlements.

A breach of pay slip laws is also alleged.

It is alleged Mr Horne was involved in the contraventions.

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, and to take steps to comply with a Compliance Notice including calculating and back-paying entitlements,” Ms Booth said.

“Employers also need to be aware that taking action to protect visa holder workers is among our top priorities. 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, Horne Distributors faces a penalty of up to $33,300 and Mr Horne faces a penalty of up to $6,660. For the alleged pay slip contravention, Horne Distributors faces a penalty of up to $66,600 and Mr Horne faces a penalty of up to $13,320.

The regulator is also seeking a court order requiring the company to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest.

A directions hearing is listed in the Federal Circuit and Family Court in Hobart on 26 November 2024.

The Fair Work Ombudsman filed 146 litigations against employers involving visa holder workers, and secured nearly $23 million in penalties in cases that have included visa holder workers, in the seven financial years to June 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. An interpreter service is available on 13 14 50. Employees can also seek information from their employer and their union, if they are a union member.

The FWO has resources on our website for visa holder workers, who have the same rights as all other workers.

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.