The Fair Work Ombudsman has secured $41,254 in penalties and back-pay orders in court against a Melbourne trailer manufacturing company and its sole director for a breach affecting a migrant worker.
The Federal Circuit and Family Court has imposed a $32,865 penalty against Hoppers Trailer Pty Ltd, which operated a business based in Hoppers Crossing, and a $6,573 penalty against the company's sole director and shareholder, Gurpinder Singh.
The penalties were imposed in response to Hoppers Trailer's failure to comply with a Compliance Notice, which required the company to calculate and back-pay a welder it employed on a full-time basis from June to October 2022. Mr Singh was involved in the contravention.
The worker, an Indian national, was in Australia on a temporary graduate visa at the time.
In addition to the penalties, the court has ordered Hoppers Trailer to back-pay the worker $1,816, plus interest.
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to pay workers.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and to make payments to workers," Ms Booth said.
"Employers should also be aware that taking action to protect migrant workers is an enduring priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Hoppers Trailer in August 2023 after forming a belief the company failed to pay the worker's accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act's National Employment Standards.
