Central Queensland Sole Trader Penalised

The Fair Work Ombudsman has secured a $7,400 penalty in court against the operator of a pastoral business in central Queensland.

The Federal Circuit and Family Court has imposed the penalty against Troy Malcolm Sawdy, a sole trader who operated a business trading as Sawdy Pastoral Company.

The penalty was imposed in response to Mr Sawdy failing to comply with two Compliance Notices requiring him to calculate and back-pay entitlements to three workers he employed between July and December 2020.

The workers were back-paid a total of approximately $9,448, plus superannuation, only after the Fair Work Ombudsman commenced legal action.

Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.

“When Compliance Notices are not followed, we will continue to take legal action to protect employees. Employers who fail to act on these notices risk substantial penalties and

back-pay orders,” Ms Booth said.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

The FWO investigated after receiving requests for assistance from the three affected workers.

A Fair Work Inspector issued Compliance Notices to Mr Sawdy in March and June 2021 after forming a belief the workers had been underpaid entitlements owed under the Miscellaneous Award 2020 and the Fair Work Act’s National Employment Standards.

The inspector formed a belief that the workers had been underpaid minimum wages, overtime rates and annual leave entitlements.

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