The Fair Work Ombudsman has commenced legal action against the operator of a communications agency in Melbourne.
Facing court is Erin Williams, a sole trader who operates a business trading as Modern Day Communications.
The regulator investigated after receiving a request for assistance from a worker who performed work for Ms Williams’ business on a casual basis as a graphic designer from 16 October to 16 November 2020, and then from 13 January to 26 February 2021.
The worker was a visa holder from South Korea.
A Fair Work Inspector issued a Compliance Notice to Ms Williams in April 2021 after forming a belief the worker had not been paid any wages for the work she performed.
The inspector believed the worker was entitled to casual minimum wages under the Graphic Arts, Printing and Publishing Award 2010 and the Graphic Arts, Printing and Publishing Award 2020.
The Fair Work Ombudsman alleges Ms Williams, without reasonable excuse, failed to comply with the Compliance Notice, which required her to calculate and back-pay the worker’s outstanding entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to 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 in addition to back-paying workers.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
Ms Williams faces a maximum penalty of up to $6,600 for allegedly failing to comply with a Compliance Notice.
The Fair Work Ombudsman is also seeking a court order for Ms Williams to take the action required by the Compliance Notice, including calculating and rectifying any underpayment in full, plus superannuation and interest.
A directions hearing has been listed in the Federal Circuit and Family Court in Melbourne on 7 February 2022.
