The Fair Work Ombudsman has secured a penalty in court against the operator of a communications agency in Melbourne.
The Federal Circuit and Family Court has imposed a $3,300 penalty against Erin Williams, a sole trader who operates a business trading as Modern Day Communications.
The penalty was imposed in response to Ms Williams failing to comply with a Compliance Notice requiring the back-payment of entitlements to a visa holder from South Korea she had employed.
The Court has also ordered Ms Williams to fully comply with the Compliance Notice, including by back-paying the worker in full, plus interest.
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.
“Employers also need to be aware that taking action to protect vulnerable workers continues to be for the FWO. 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 the affected 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.
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.
