The Fair Work Ombudsman has commenced legal action against the operators of a winery in the Adelaide Hills region of South Australia.
Facing court are The Landhaus Estate Wines Pty Ltd, which operates Landhaus Wines at Hahndorf, and the company's sole and managing director, John Jaunutis.
The regulator investigated after receiving a request for assistance from a worker The Landhaus Estate Wines employed as a full-time sales representative between September 2020 and May 2022.
A Fair Work Inspector issued a Compliance Notice to The Landhaus Estate Wines in August 2023 after forming a belief the worker was not paid accrued but untaken annual leave entitlements owed at the end of his employment under the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges The Landhaus Estate Wines, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements. It is alleged Mr Jaunutis was involved in the contravention.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties, and to take steps to comply with a Compliance Notice including calculating and back-paying entitlements," Ms Booth said.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. The Landhaus Estate Wines faces a penalty of up to $46,950 and Mr Jaunutis faces a penalty of up to $9,390.
The regulator is also seeking a court order requiring the company to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Adelaide on 25 November 2024.
