The Fair Work Ombudsman has commenced legal action against the operator of a kitchen installation and manufacturing business in Sydney.
Facing court is Ramazan Azman, who operates a business based at Concord trading as Award Kitchens.
The regulator began an investigation after receiving a request for assistance from a worker who was employed by Mr Azman on a full-time basis as a furniture production employee between July 2018 and August 2020.
A Fair Work Inspector issued a Compliance Notice to Mr Azman in March 2021 after forming a belief the worker was underpaid minimum wages, overtime entitlements and annual leave entitlements under the Timber Industry Award 2010 and the ³Ô¹ÏÍøÕ¾ Employment Standards.
The FWO alleges Mr Azman, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.
It is alleged that Mr Azman has partially back-paid the worker more than $4000 – but that more than $16,000 remains owing.
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.
The FWO is seeking a penalty. Mr Azman faces a maximum penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking a court order for Mr Azman to take the action required by the Compliance Notice, including rectifying underpayments of $16,252.27 (gross) in full to the former employee, plus interest and superannuation.
A hearing has been listed in the Federal Circuit and Family Court in Sydney on 15 March 2022.
