The Fair Work Ombudsman has commenced legal action against the operator of a beauty therapy clinic in north-west Sydney.
Facing court is Meriel Enterprises Pty Ltd, which trades as Meei Clinic in Baulkham Hills.
The regulator investigated after receiving a request for assistance from a worker Meriel Enterprises had employed as a part-time beauty therapist in March-June 2021.
A Fair Work Inspector issued a Compliance Notice to Meriel Enterprises in July 2021 after forming a belief the worker was not paid all entitlements owed under the Hair and Beauty Industry Award 2010 and the Fair Work Act’s National Employment Standards.
The inspector formed a belief the worker was underpaid her minimum wages for ordinary hours and Saturday penalty rates, and was not paid accrued but untaken annual leave entitlements at the end of employment.
The Fair Work Ombudsman alleges Meriel Enterprises, 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 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 a penalty for the alleged failure to comply with the Compliance Notice. Meriel Enterprises faces a penalty of up to $33,300.
The regulator is also seeking an order for Meriel Enterprises to take the steps set out in the Compliance Notice, which includes rectifying the alleged underpayment in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 1 November 2022.
