Food waste transport company in court
The Fair Work Ombudsman has commenced legal action against a transport company based in the Sunshine Coast region and its director.
Facing court are Barco Traders Pty Ltd, which is involved in transporting food waste from supermarkets, and the company’s sole director and shareholder, Daniel John McGettigan.
The regulator investigated after receiving a request for assistance from a worker Barco Traders employed on a full-time basis as a truck driver between December 2021 and June 2023.
A Fair Work Inspector issued a Compliance Notice to Barco Traders in December 2023 after forming a belief the company had failed to pay the worker’s accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Barco Traders, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. Mr McGettigan was allegedly involved in the contravention.
It is alleged that the amount Barco Traders was required to pay to comply with the Compliance Notice was $6,950.
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 make payments to 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. Barco Traders faces a penalty of up to $46,950 and Mr McGettigan faces a penalty of up to $9,390.
The regulator is also seeking an order for the company to pay the alleged outstanding amount to the employee.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 2 June 2025.
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 or their union, if they are a union member.
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.
