A former Keysborough-based auto repair franchisee is being prosecuted for allegedly failing to back-pay an underpaid junior apprentice.
C & G Smith Enterprises Pty Ltd – which used to own the Rapid Tune outlet – is now facing two sets of legal action from the Fair Work Ombudsman over alleged underpayment of staff.
The franchise is currently owned by a different operator.
According to the latest allegation, the worker was underpaid the full-time junior apprentice minimum wage and overtime rates between February 2020 and February 2021.
He was also not paid accrued annual leave entitlements at the end of his employment.
The FWO also alleges C & G Smith Enterprises failed to comply with a compliance notice to calculate and back-pay the entitlements.
It is seeking a penalty of up to $33,000 against the company, as well as to rectify the owed entitlements plus superannuation and interest.
Fair Work Ombudsman Sandra Parker said the regulator will take businesses to court if its compliance notices weren’t followed.
“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.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The company faces a directions hearing at the Federal Circuit and Family Court in Melbourne on 14 April.
The company also faces an earlier FWO legal action over the alleged failure to back-pay an underpaid full-time mechanic between October 2019 to October 2020.
That case is still before the court.
