The Fair Work Ombudsman has commenced legal action against the former operator of a real estate agency in northern NSW.
Facing court is David Stuart McElveney, a sole trader who formerly operated an agency based in Lennox Head trading as ‘One Agency Ballina-Lennox Head’.
The regulator investigated after receiving a request for assistance from a worker who was employed as a real estate agent at the business under a commission-only written agreement between November 2018 and February 2021.
A Fair Work Inspector issued a Compliance Notice to Mr McElveney in April 2021 after forming a belief the worker had not been paid commission payments he was entitled to on the sale of two properties.
The Fair Work Ombudsman alleges Mr McElveney, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s outstanding entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws in a proportionate manner during the COVID-19 pandemic 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 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.
Mr McElveney faces a maximum penalty of up to $6,660 for allegedly failing to comply with a Compliance Notice.
The Fair Work Ombudsman is also seeking a court order for Mr McElveney to take the actions required by the Compliance Notice, including calculating and rectifying any underpayments in full, plus superannuation and interest.
The matter is listed for hearing in the Federal Circuit and Family Court in Brisbane on 29 April 2022.
