Gosford smash repairer faces court

The Fair Work Ombudsman has commenced legal action against the former operator of a vehicle smash repairs shop in Gosford.

Facing court is sole trader Stuart Angel, who formerly operated Angel Smash Worx.

A Fair Work Inspector issued a Compliance Notice to Angel in August 2023 after forming a belief that a worker he employed on a full-time basis between 2018 and 2022, including a period when the worker was engaged as an adult apprentice, had not received his minimum entitlements.

The inspector formed a belief that Angel had not paid the worker’s minimum wages and annual leave entitlements, and failed to reimburse the worker for training costs associated with his apprenticeship.

It is alleged the entitlements were owed under the Vehicle Manufacturing, Repair, Services and Retail Awards 2010 and 2020 and the Fair Work Act’s National Employment Standards.

The Fair Work Ombudsman alleges Angel, without a reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.

It is also alleged Angel breached the Fair Work Act by failing to issue the worker with pay slips during his employment.

Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take employers to court where lawful requests are not complied with.

“Where employers do not comply, we will take appropriate action to protect employees,” she said.

“A court can order an employer to pay penalties and make payments to workers.

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

The FWO is seeking penalties in court.

For the alleged failure to comply with the Compliance Notice, Angel faces a penalty of up to $9,390.

For the alleged pay slip breach, he faces a penalty of up to $13,320.

The regulator is also seeking an order requiring Angel to comply with the Compliance Notice, including rectifying any amount owed under the Compliance Notice in full, plus interest and superannuation.

A directions hearing is listed in the Federal Circuit and Family Court in Sydney on June 12.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance.

An interpreter service is available on 13 14 50.

Employees can also seek information from their employer or their union, if they are a union member.

The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one.

The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.

Small businesses can find targeted resources at the Small Business Showcase and information is also available on the website for apprentices and trainees.