Bookkeeping & Payroll Services for Small Businesses

  Australia’s largest car dealership business, Eagers Automotive Limited (EAL), has back-paid over $16 million, including interest and superannuation, to staff underpaid by five of its subsidiaries. These subsidiaries have also signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman. EAL, formerly known as AP Eagers, is an Australian public company operating automotive dealerships across all Australian states and territories, and in New Zealand. The five subsidiaries involved in the EU were acquired in 2019. The underpaid employees were primarily based in Newcastle, Sydney, Brisbane, Melbourne, and Perth. EAL’s dealerships sell nearly all major vehicle brands, including Toyota, Ford, Mercedes-Benz, Kia, Volkswagen, and Hyundai. In 2019, AP Eagers acquired Automotive Holdings Group Limited (AHG), the holding company for 19 businesses. This acquisition made EAL Australia’s largest car dealership business, with an annual revenue of $9.85 billion. EAL self-reported the

 

  The Federal Court of Australia recently ruled on a case involving an employer’s failure to pay a worker’s accrued annual leave entitlements upon termination, underscoring the importance of compliance with the Fair Work Act 2009 (Cth) and the severe repercussions of non-compliance. Case Background The case focused on the worker’s claims that the employer had dismissed him for exercising his “workplace rights,” imposed unreasonable working hours, and failed to pay his accrued entitlements upon termination. The court found the employer in breach of section 90(2) of the Fair Work Act for not paying the worker the amount equivalent to his accrued but untaken annual leave when his employment ended on December 9, 2021. The owed amount of $8,022.82 was paid only on March 30, 2022, nearly three months after the termination. Seriousness of Breaching the NES The court emphasized the seriousness of breaching the National Employment Standards (NES), stating that “any breach of the NES is