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, 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 FWO 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’s alleged that the amount Barco Traders was required to pay to comply with the Compliance Notice was $6950.
FWO Anna Booth says the regulator will 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,” she says.
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 $9390.
The regulator is also seeking an order for the company to pay the alleged outstanding amount to the employee.
