The Fair Work Ombudsman has secured a $22,500 penalty in court against the operator of a physiotherapy business located on the Gold Coast.
The Federal Circuit and Family Court has imposed the penalty against M.X.S. Australia Pty Ltd, trading as MedX Physio in Southport.
The penalty was imposed in response to M.X.S. Australia failing to comply with a Compliance Notice requiring the back-payment of entitlements to a worker it employed between February and August in 2020.
The Court has also ordered M.X.S. Australia to take the action required by the Compliance Notice, which includes rectifying the full underpayment amount of $3,569.93, 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.
“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 was employed full-time at MedX Physio in a support services role, performing administrative and cleaning duties.
A Fair Work Inspector issued a Compliance Notice to M.X.S. Australia in February 2021 after forming a belief the worker had not been paid his accrued but untaken annual leave entitlements at the end of his employment, owed under the Health Professionals and Support Services Award 2020.
