A Brisbane transport company and its director have been fined a combined $31,550 after failing to comply with an order to compensate a driver who was unfairly dismissed.
The Federal Circuit and Family Court imposed a $26,292 penalty on Michael Lawler Transport Pty Ltd and a $5,258 penalty on Michael Lawler, the company’s part-owner and sole director.
The penalties follow admissions that the company breached the Fair Work Act by not complying with a Fair Work Commission order, issued in July last year, to pay $27,280 to a former employee. Mr Lawler admitted he was involved in the breach.
The worker, employed as a driver between July 2022 and December 2023, sought help from the Fair Work Ombudsman after the order was ignored.
According to the regulator, the company made no payment towards the compensation until after the Ombudsman launched court proceedings this year. In addition to the penalties, the court ordered the company to pay the outstanding $12,280 to the worker.
Fair Work Ombudsman Anna Booth said business operators that failed to prioritise compliance with workplace laws risked facing court-imposed penalties on top of having to back-pay workers.
“It is fundamental for the integrity of the workplace relations system that orders made by the Fair Work Commission are complied with, and we will take legal action to hold employers accountable and ensure employees receive compensation,” Ms Booth said.
“The total penalties in this case – exceeding the original compensation order – highlight what is at stake when respondents fail to act on Commission orders.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The Ombudsman commenced legal action after attempts to secure voluntary compliance were unsuccessful.
Workers seeking advice can contact the Fair Work Ombudsman, which offers a free interpreter service on 13 14 50. Employers can find guidance via the agency’s online pay calculator and Small Business Showcase.
