FWO pursues SA transport firm
Fair Work Ombudsman holds Adelaide transport services company to account after ongoing breaches of workplace lawsThe Fair Work Ombudsman has found an Adelaide-based transport services company has continued to misclassify drivers as sub-contractors instead of employees, despite the firm being formally cautioned for its actions 12 months ago.
Chryss Enterprises Pty Ltd first came to the Fair Work Ombudsman’s attention as part of an inquiry last year into allegations of sham contracting among transport operators engaged by the South Australian Government to transport special-needs school students.
The company provides transport services for tourists, businesses and schools, including vehicle hire, wine tours, school and general transfers and school bus runs.
As a result of its actions, the FWO found the company had underpaid five of its drivers by a total of more than $10,000.
The Government watchdog says follow-up investigations revealed that four drivers engaged as independent contractors should have been classified as employees.
The FWO has requested the company sign an 'Enforceable Undertaking', which requires Chryss Enterprises and its manager, Jim Chryssidis to:
• Reimburse a total of $10,183 to five employees by January, 2016
• Conduct a self-audit of driver entitlements from August, 2014
• Engage all drivers as employees and pay them appropriately
• Place a Public Notice in The Advertiser newspaper explaining the workplace contraventions and action taken to remedy them
• Place a similar notice at the business premises on Marion Road, Plympton
• Send a written apology to each of the affected employees
• Register with the Fair Work Ombudsman’s online tool My Account
• Implement systems and processes to ensure future compliance with workplace laws
• Engage an external accounting professional to audit workplace practices for the 2015-2016 financial year
• Implement a training program for the director, owner and managers to educate them on the rights and responsibilities of employers
• Donate $1000 to the not-for-profit organisation, Northern Community Legal Services Inc.
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