The Fair Work Ombudsman has commenced legal action against the former operators of a horseriding recreation centre in the Gold Coast hinterland in Queensland.
Facing court are Equine Robinson Pty Ltd, which in its capacity as Trustee for the Equine Robinson Trust operated ‘Horse Riding Hinterland’ based in Tamborine Mountain, and the company’s sole director, Ocean Robinson.
The regulator began an investigation after receiving a request for assistance from a young worker, aged between 20 and 21 at the time, who was employed by Equine Robinson as a casual weekend horseride attendant from June 2019 to November 2020.
The employee’s duties included operating group horseriding tours and trail rides, managing bookings as well as feeding and grooming the horses.
A Fair Work Inspector issued a Compliance Notice to Equine Robinson in July 2021 after forming a belief the worker was underpaid casual minimum wages including loading and Sunday penalty rates under the Amusements, Events and Recreation Award 2010 and the Amusements, Events and Recreation Award 2020.
The Fair Work Ombudsman alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Ms Robinson was involved in the contravention.
Fair Work Ombudsman Sandra Parker 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 in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking penalties. Equine Robinson faces a penalty of up to $33,300 and Ms Robinson a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes calculating and rectifying the alleged underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 17 August 2022.
