The Fair Work Ombudsman has commenced legal action against the operator of a cleaning business in Sydney.
Facing court is sole trader Julie-Ann Shotter, who owns and operates Jules Domestic Cleaning.
The regulator investigated after receiving requests for assistance from two workers Ms Shotter employed as casual cleaners for various periods between August 2021 and March 2023. One worker, from Brazil, was on a student visa.
A Fair Work Inspector issued Compliance Notices to Ms Shotter in 2022 and 2023 after forming a belief she had failed to pay both workers their minimum wages under the Cleaning Services Award 2020.
The inspector formed a belief that one of the workers was paid wages for only one of the 13 weeks of work she performed, and that the other worker, the international student, was not paid anything for work she performed over a three-day period.
The Fair Work Ombudsman alleges Ms Shotter, without a reasonable excuse, failed to comply with the Compliance Notices, which required her to calculate and back-pay the workers’ entitlements.
It is alleged that the combined amount Ms Shotter was required to pay to comply with the Compliance Notices was $8,274, plus superannuation.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take business operators 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 make payments to workers,” Ms Booth said.
“Employers also need to be aware that taking action to protect visa holders is among our top priorities. 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. Ms Shotter faces a penalty of up to $6,660 for the alleged failure to comply with the 2022 Compliance Notice and a penalty of up to $9,390 for the failure to comply with the 2023 Compliance Notice.
The regulator is also seeking an order for Ms Shotter to pay the alleged amounts owed to the employees, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 24 October 2024.
