The Fair Work Ombudsman has commenced legal action against a company that operates a business providing express baggage pickup and delivery services to airports for customers.
Facing court is Jetta Express Pty Ltd, which operates at various locations around Australia, including in Melbourne.
The regulator began an investigation after receiving a request for assistance from a worker employed as a full-time driver at Jetta Express's Tullamarine site in Melbourne between September 2019 and May 2021.
A Fair Work Inspector issued a Compliance Notice to Jetta Express in August 2021 after forming a belief that the worker had been underpaid entitlements owed under the Road Transport and Distribution Award 2020 and the Fair Work Act's National Employment Standards.
The inspector formed a belief that the worker was not paid accrued but untaken annual leave entitlements at the end of his employment.
The Fair Work Ombudsman alleges Jetta Express, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements.
Fair Work Ombudsman Sandra Parker 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 Parker said.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance."
The Fair Work Ombudsman is seeking a penalty against Jetta Express Pty Ltd. The company faces a penalty of up to $33,300 for the alleged failure to comply with the Compliance Notice.
The FWO is also seeking an order for Jetta Express to comply with the Compliance Notice, by paying the outstanding annual leave entitlements, including interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 25 May 2022.
