The Fair Work Ombudsman has secured a penalty for a second time against the operator of a Queensland glass glazing company, including this time for failing to comply with Compliance Notices that impacted four workers.
The Federal Circuit and Family Court has imposed a $99,900 penalty against AAA Aussie Emergency Glass Pty Ltd, which is based at Beenleigh in the Logan City area.
The company has business names 'Aussie Printing Stickers & Signs', 'Beenleigh Glass', and 'Upper Class Tradesman'.
In addition, the court has imposed a $16,650 penalty against company director Michael Ronald Boehm.
The total $116,550 in penalties were imposed after AAA Aussie Emergency Glass breached the Fair Work Act by failing to comply with Compliance Notices that required it to calculate and make payments to four workers, in respect of their outstanding minimum entitlements.
The company also breached the Fair Work Act by failing to comply with a Notice to Produce issued by the Fair Work Ombudsman during its investigation.
Mr Boehm was penalised for his involvement in all but one of the contraventions.
In addition to the penalties, the court has ordered the company to back-pay the four affected workers a total of $7,594, plus interest.
The penalties come after the FWO secured penalties of $35,500 against the company in 2016 for failing to comply with a Fair Work Commission order to compensate an unfairly dismissed worker.
In the latest case, AAA Aussie Emergency Glass employed three of the affected workers for several years, two as glaziers and another as an office manager. The fourth worker was engaged as a construction worker for two months.
Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices needed to be aware they could face penalties in court on top of having to pay workers outstanding amounts owed.
"We do not tolerate the failure to act on Compliance Notices, and we will continue to take legal action to protect employees' hard-earned wages," Ms Booth said.
"This case highlights that employers who fail to act on these notices risk substantial penalties in addition to being ordered to back-pay workers.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The FWO investigated after receiving a request for assistance from the affected workers.
A Fair Work Inspector issued Compliance Notices to AAA Aussie Emergency Glass in late 2020 and again in 2021, after forming a belief that the four affected workers had been underpaid annual leave entitlements and that one was also underpaid personal leave entitlements.
In his judgment, Judge Gregory Egan said that while the amounts owed to the employees were not high, deterrence applies equally irrespective of the amounts which are owed to employees.
