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Vehicle repair shop fined $30k for not paying back-pay entitlements of Indian worker

The Federal Circuit and Family Court has imposed the penalty against Bhangu Pty Ltd, which operates a business trading as Rehaan Automotive Care, based in Archerfield.

The Fair Work Ombudsman has secured a $30,000 penalty in court against the operator of a
vehicle repair and maintenance business in Brisbane.

The Federal Circuit and Family Court has imposed the penalty against Bhangu Pty Ltd, which
operates a business trading as Rehaan Automotive Care, based in Archerfield.

The penalty was imposed in response to Bhangu Pty Ltd failing to comply with a Compliance
Notice requiring it to calculate and back-pay entitlements to a visa-holder worker, from India, it
employed as a full-time motor mechanic between February 2017 and February 2018.

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The Court has also ordered the company to take the steps required by the Compliance Notice,
which includes back-paying the worker in full, plus superannuation and interest.

Fair Work Ombudsman Sandra Parker 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 are prepared to take legal action to ensure
workers receive their lawful entitlements,” Ms Parker said.

“Employers should also be aware that taking action to protect vulnerable employees, such as
migrant workers, is a priority for the agency. Any employees with concerns about their pay or
entitlements should contact us for free advice and assistance.”

The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued the Compliance Notice to Bhangu Pty Ltd in September 2021 after
forming a belief that the worker had been underpaid minimum wages and annual leave
entitlements, owed under the Vehicle Manufacturing, Repair, Services and Retail Award and the
Fair Work Act’s National Employment Standards.

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