The Fair Work Ombudsman is taking legal action against the former operator of a Caltex petrol station, with the government body alleging the company underpaid two employees nearly $50,000 between them.

Fair Work alleges two workers employed at Wedderburn Petroleum Pty Ltd’s Caltex petrol station in regional Victoria were underpaid individual amounts of $25,621 and $21,637 between 2008 and 2013.

According to court documents, the employees were paid flat hourly rates of between $10 and $15.96 and were subsequently not paid their minimum hourly rate, casual loadings, annual leave entitlements or penalty rates for weekend, public holiday and overtime work.

Fair Work inspectors also found the company had not adhered to the appropriate record-keeping and payslip laws.

According to Fair Work Ombudsman Natalie James, the company’s failure to rectify the underpayments, particularly despite attempts by Fair Work inspectors to resolve the matter voluntarily, has led to court action.

It is alleged that Wedderburn Petroleum committed multiple breaches of workplace laws, and it will face penalties of between $33,000 and $51,000 per breach.

The Fair Work Ombudsman is also seeking a Court Order in a bid to ensure the underpayments are rectified in full.

The case is expected to be heard in the Federal Circuit Court in Melbourne on 26 March.