A former Rapid Tune franchisee is heading to court for alleged staff underpayment and faces a maximum penalty of up to $33,300 for failing to comply with a Compliance Notice.
The Fair Work Ombudsman has take up the case of an ex-staff member employed by C & G Smith Enterprises Pty Ltd, which used to operate the Rapid Tune franchise outlet in Keysborough, in Melbourne’s south-east.
Rapid Tune Keysborough now has new operators and the Fair Work Ombudsman has made it clear there are no allegations against the current operators of the business.
The FWO alleges C & G Smith Enterprises failed to follow a Compliance Notice, which required the calculation and back-payment of a worker’s outstanding entitlements.
It is alleged the worker was underpaid the full-time minimum wage and was not paid his accrued but untaken annual leave when he left the business.
The worker was employed as a motor mechanic on a full-time basis between October 2019 and October 2020.
A Fair Work Inspector issued a Compliance Notice for non-payment of all entitlements owed under the National Employment Standards and the Vehicle Repair, Services and Retail Award 2020.
The FWO is seeking penalties against C & G Smith Enterprises Pty Ltd and is also seeking an order for the company to comply with the Compliance Notice. This includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 20 October 2021.
