Former tyre maintenance and fitting company penalised

The Fair Work Ombudsman has secured a total of $15,972 in penalties in court against a former tyre maintenance and fitting company in South-East Queensland.

The Federal Circuit and Family Court has imposed a $13,320 penalty against BGSZO Pty Ltd, which formerly traded as Up Dog Diesel in Ipswich and serviced the mining industry, and a $2,652 penalty against the company’s sole director and secretary, Dwane Johnson.

The penalties were imposed in response to BGSZO failing to comply with a Compliance Notice requiring it to calculate and back-pay entitlements to a worker it employed as a tyre fitter between April 2020 and April 2021. Mr Johnson was involved in the contravention.

BGSZO fully back-paid the worker the entitlements owing to him only after the Fair Work Ombudsman commenced legal action.

Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can 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.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

The FWO investigated after receiving a request for assistance from the affected worker.

A Fair Work Inspector issued a Compliance Notice to BGSZO Pty Ltd in July 2021 after forming a belief the worker had not been paid accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act’s National Employment Standards.

/Public Release. View in full here.