The Fair Work Ombudsman has commenced legal action against the operators of a hairdressing and beauty business in Melbourne.
Facing court are Alexjax Corp Pty Ltd, which trades as Heaven Salons, and its sole director and shareholder Jack Hanna.
The regulator began an investigation after receiving requests for assistance from workers who had been employed by Alexjax Corp in beauty, hairdressing and salon-management roles at Heaven Salons outlets in South Yarra and Brighton. The outlets have now closed.
One of the workers, a 24-year-old woman from the United Kingdom, was in Australia on a working holiday visa.
Fair Work Inspectors issued Compliance Notices to Alexjax Corp in May and June 2021 after forming a belief that the company had underpaid the workers’ entitlements under the Hair and Beauty Industry Award 2010 and the Fair Work Act 2009.
The inspectors formed a belief that the workers had been variously underpaid minimum wages, Saturday penalty rates, annual leave entitlements and payment-in-lieu-of-notice.
The FWO alleges Alexjax Corp, without reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the workers’ entitlements. It is alleged Mr Hanna was involved in the contraventions.
Fair Work Ombudsman Sandra Parker 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 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 penalties against Alexjax Corp Pty Ltd and Mr Hanna for allegedly failing to comply with four Compliance Notices.
The company faces a maximum penalty of up to $33,300 per contravention and Mr Hanna faces a maximum penalty of up to $6,600 per contravention.
The regulator is also seeking an order for Alexjax Corp Pty Ltd to comply with the Compliance Notices, which includes rectifying any underpayments in full, plus interest and superannuation.
A hearing is listed in the Federal Circuit and Family Court in Melbourne on 11 August 2022.
