The Fair Work Ombudsman has commenced legal action against a road transport and logistics company based in Adelaide.
Facing court is Schiller Transport Pty Ltd, which transports food and other goods between Adelaide and the Riverland region in South Australia.
The regulator began an investigation after receiving a request for assistance from a truck driver who had been employed by Schiller Transport on a full-time basis between 2011 and 2021.
A Fair Work Inspector issued a Compliance Notice to Schiller Transport in August 2021 after forming a belief that the worker had not been paid all annual leave entitlements owed under the National Employment Standards on termination of employment.
It is alleged the worker was entitled to be paid $15,906.05 for accrued but untaken annual leave entitlements but was paid only $5,000.
The Fair Work Ombudsman alleges Schiller Transport, without reasonable excuse, failed to comply with the Compliance Notice, which required it to pay the worker’s outstanding annual leave entitlements in full on termination.
Acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Hannah said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
Schiller Transport faces a maximum penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice.
FWO is also seeking an order for Schiller Transport to comply with the Compliance Notice, by paying the outstanding annual leave, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 27 June 2022.
