The Fair Work Ombudsman has commenced legal action against a Melbourne-based electrical and telecommunications services company and its director.
Facing court are Active Services Group Pty Ltd, based at Mount Waverley in Melbourne’s south-east, and the company’s sole director, John Gerantidis.
The regulator began an investigation after receiving requests for assistance from three workers Active Services Group had employed for various periods between July 2018 and March 2021.
The workers included a full-time project manager, a full-time field supervisor and an apprentice electrician, aged 19 to 21 during his employment.
A Fair Work Inspector issued Compliance Notices to Active Services Group in 2021 after forming a belief the three workers were not paid their accrued but untaken annual leave entitlements on termination of employment, owed under the Fair Work Act’s ³Ô¹ÏÍøÕ¾ Employment Standards.
The FWO alleges Active Services Group, without reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the workers’ outstanding entitlements. It is alleged Mr Gerantidis was involved in the contraventions.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses 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,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties against Active Services Group Pty Ltd and Mr Gerantidis for allegedly failing to comply with three Compliance Notices. The company faces a penalty of up to $33,300 per contravention and Mr Gerantidis faces a penalty of up to $6,660 per contravention.
The regulator is also seeking court orders for the company to comply with the Compliance Notices, including rectifying any underpayments in full, plus interest. A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 28 November 2022.
