The Fair Work Ombudsman has secured $17,502 in penalties in court against the former operator of a vehicle smash repairs shop in NSW's Central Coast region.
The Federal Circuit and Family Court has imposed the penalties against sole trader Stuart Angel, who formerly operated Angel Smash Worx, in Gosford.
The penalties were imposed in response to Mr Angel breaching pay slip laws and failing to comply with a Compliance Notice, which required him to calculate and back-pay a worker's entitlements.
Mr Angel employed the worker on a full-time basis between August 2018 and April 2022, including a period when the worker was engaged as an adult apprentice.
In addition to the penalties, the Court has ordered Mr Angel to take the actions required by the Compliance Notice, including calculating and back-paying entitlements owing to the worker, plus interest and superannuation.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
"Where employers do not comply we will take action, including seeking penalties in court," Ms Booth said.
Ms Booth also said that failing to issue employees with pay slips was unacceptable.
"Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to provide accurate pay slips to their employees within one business day of them being paid," Ms Booth said.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free 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 Mr Angel in August 2023 after forming a belief that Mr Angel had underpaid the worker's minimum wages and annual leave entitlements and failed to reimburse the worker for training costs associated with his apprenticeship.
The entitlements were owed under the Vehicle Manufacturing, Repair, Services and Retail Award 2010, the Vehicle Repair, Services and Retail Award 2020 and the Fair Work Act's National Employment Standards.
In his judgment, Judge Peter Papadopoulos found Mr Angel's failure to comply with the Compliance Notice was deliberate and that his failure to provide the worker with pay slips should not be considered a mere administrative failure.
"While [the FWO] afforded [Mr Angel] ample time and opportunities to comply with the Compliance Notice and avoid litigation, he failed to do so," Judge Papadopoulos said.
"As a result of [Mr Angel's] failure to provide pay slips, [the worker] was prevented from monitoring his wages and ensuring he was being paid correctly."
Judge Papadopoulos found that the penalties should deter Mr Angel and other employers from similar conduct in future.
"Compliance Notices are a critical tool for ensuring adherence to minimum employment standards, and any failure to respond appropriately strikes at the heart of that system," Judge Papadopoulos said.
