The Fair Work Ombudsman has commenced legal action against a Perth-based company and its director.
Facing court are AICA International Pty Ltd – which is based in Bibra Lake and operates in several industries including legal, accounting, education, marketing and information technology – and the company’s sole director and shareholder, Shiju Mathews.
The regulator investigated after receiving a request for assistance from a worker AICA International employed as a full-time system and computer engineer between February 2018 and July 2022. The worker’s duties included computer software management and support.
A Fair Work Inspector issued a Compliance Notice to AICA International in May 2023 after forming a belief the worker was underpaid minimum wages owed under the Professional Employees Award 2020.
The Fair Work Ombudsman alleges AICA International, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged that the amount the employer was required to pay under the Compliance Notice was $2,654.
It is alleged Mr Matthews was involved in the contravention.
Fair Work Ombudsman Anna Booth 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 and make payments to workers,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. AICA International faces a penalty of up to $41,250 and Mr Matthews faces a penalty of up to $8,250.
The regulator is also seeking a court order for AICA International to pay the amount allegedly owing to the employee, plus superannuation and interest.
A hearing is listed in the Federal Circuit and Family Court in Perth on 27 August 2024.
