The Fair Work Ombudsman has secured a penalty in court against the operator of a retail flower business in far north Queensland.
The Federal Circuit and Family Court has imposed a penalty of $4,500 against Mirjana Popovic, a sole trader who operates Creative House Cairns, in Cairns.
The penalty was imposed in response to Ms Popovic failing to comply with a Compliance Notice requiring the back-payment of entitlements to a worker she employed in 2021.
The Court has also ordered Ms Popovic to take the action required by the Compliance Notice, which includes rectifying the underpayment in full, plus interest and superannuation.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties 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.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The regulator investigated after receiving a request for assistance from a worker who was employed full-time at Creative House Cairns for about four weeks in January-February 2021.
The worker performed duties including selling flowers, picking flowers and cleaning the retail shop.
A Fair Work Inspector issued a Compliance Notice to Ms Popovic in March 2021 after forming a belief the worker had been underpaid minimum wages and annual leave entitlements owed under the General Retail Industry Award 2020 and the ³Ô¹ÏÍøÕ¾ Employment Standards.
The Compliance Notice required Ms Popovic to calculate and back-pay the worker’s outstanding entitlements.