Fair Work Ombudsman v Stewarts Transport & Logistics Pty Ltd & Ors

The Fair Work Ombudsman brought proceedings against Stewarts Transport & Logistics Pty Ltd (the first respondent) and its sole director and secretary, Rodney Stewart, and Pamela Stewart, his wife, who was jointly responsible for setting and paying employees' wages (the second and third respondents) for breaches of the Transport Workers Award 1998, the Australian Fair Pay and Conditions Standard and the Workplace Relations Regulations 2006. The breaches included underpayments, failure to keep records and failure to provide payslips to an employee, Mr Jonathan Howden. The first respondent underpaid Mr Howden by about 30%. The second and third respondents were involved in the breaches. The first respondent paid Mr Howden the full amount of the assessed underpayment of $3,228.46, but only on the day before proceedings were brought. The Federal Magistrates Court found that the appropriate penalties were $43,500 for the first respondent, $8,000 for the second respondent and $8,700 for the third respondent. The penalties were stayed for three months to enable payment.