by Cam Lucadou-Wells
A former car-repair franchisee in Keysborough has been penalised a second time over failing to back-pay an underpaid worker.
C & G Smith Enterprises Pty Ltd, which formerly operated a Rapid Tune outlet in Keysborough, showed a “blatant disregard for workplace laws” without a “hint of contrition, corrective action or cooperation”, Federal Circuit and Family Court judge Jonathan Forbes said.
The business had failed to comply with a Fair Work compliance notice requiring it to calculate and back-pay entitlements to a young apprentice mechanic employed in 2020-’21.
A Fair Work inspector served the notice believing the company had underpaid the 23-year-old worker’s minimum wages, overtime rates and annual leave entitlements.
C & G Smith was fined $19,980 and ordered to back-pay the worker in full, plus interest and superannuation.
Last year, the court penalised C & G Smith $22,200 for failing to comply with a compliance notice to back-pay a motor mechanic.
The Fair Work Ombudsman had “every reason to be totally exasperated at the respondent’s failure to engage and its belligerent ‘head in the sand’ response to the statutory compliance scheme,” Judge Forbes said.
“There was no acknowledgement of the Compliance Notice, let alone compliance with it.
“The respondent did not cooperate with the investigation, nor has it engaged in these proceedings despite being given every opportunity to do so.”
Fair Work Ombudsman Sandra Parker said business operators that fail to act on compliance notices face penalties in court on top of having to back-pay workers.
“When compliance notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Employers also need to be aware that taking action to protect vulnerable workers, like young workers, continues to be a priority for the FWO.
“Any employees with concerns about their pay or entitlements should contact the FWO for free assistance.”
