The Fair Work Ombudsman has commenced legal action against the operators of a lighting business in Sydney.
Facing court are Anvisco Pty Ltd, which trades as ‘Go Lights’ and ‘Fosini Lighting’, and its general manager, Sydney man Anthony Antoniades.
The regulator began an investigation after receiving a request for assistance from a worker employed by Anvisco as a full-time salesperson between March 2017 and January 2020.
A Fair Work Inspector issued Compliance Notices to Anvisco after forming a belief that the worker had been underpaid entitlements.
The inspector formed a belief the worker had been underpaid minimum wage rates and annual leave entitlements under the General Retail Industry Award 2010 and Fair Work Act 2009.
The FWO alleges Anvisco, 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 Antoniades was involved in the contraventions.
FWO alleges Anvisco also contravened record-keeping and pay slip laws.
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 Anvisco Pty Ltd and Mr Antoniades for allegedly failing to comply with two Compliance Notices – and also against Anvisco for alleged record-keeping and pay slip breaches.
The maximum penalty for a company for failing to comply with a Compliance Notice is $33,300 per contravention and the maximum penalty for an individual is $6,660 per contravention.
The maximum penalty for record-keeping and pay slip breaches is $66,600 per contravention for a company.
The regulator is also seeking an order for Anvisco Pty Ltd to comply with the Compliance Notices, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 10 December 2021.
