The Fair Work Ombudsman has commenced legal action against an IT company in Perth.
Facing court is My IT Partner Pty Ltd, which operates an information technology solutions business trading as My Info Tech Partner.
The regulator investigated after receiving a request for assistance from a worker My IT Partner employed on a full-time basis in an IT helpdesk support role between August 2019 and August 2022.
A Fair Work Inspector issued a Compliance Notice to My IT Partner in May 2023 after forming a belief the company had underpaid the worker’s minimum wages during his employment and failed to pay him any wages for the final three weeks of work he performed.
The wages were allegedly owed under the Miscellaneous Award 2010 and 2020.
The inspector also formed a belief the worker was not paid accrued but untaken annual leave entitlements at the end of his employment, owed under the Fair Work Act’s ³Ô¹ÏÍøÕ¾ Employment Standards.
The Fair Work Ombudsman alleges My IT Partner, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
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 take steps to comply with a Compliance Notice including calculating and back-paying entitlements,” 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 a penalty in court for the alleged failure to comply with the Compliance Notice. My IT Partner faces a penalty of up to $41,250.
The regulator is also seeking a court order requiring the company to comply with the Compliance Notice including calculating and rectifying any underpayments, plus interest and superannuation.
A hearing is listed in the Federal Circuit and Family Court in Perth on 27 August 2024.
