The Fair Work Ombudsman has commenced legal action against the operators of a hairdressing salon in western Sydney.
Facing court is R&A Barbers Zone Pty Ltd, which operates ‘The Barbers Zone’ in Fairfield. The salon was formerly located in Wetherill Park.
Also facing court is company director Arsin Yousif.
The regulator began an investigation after receiving a request for assistance from a young worker employed by R&A Barbers Zone as a full-time apprentice hairdresser from February 2019 to September 2020 when he was aged between 18 and 20.
A Fair Work Inspector issued Compliance Notices to R&A Barbers Zone Pty Ltd in May 2021 after forming a belief the worker had not been paid all entitlements owed under the National Employment Standards and Hair and Beauty Industry Award 2010, as well as JobKeeper entitlements.
It is alleged the worker was underpaid the full-time minimum apprentice wage, Saturday penalty rates, annual leave loading, JobKeeper entitlements and accrued but untaken annual leave entitlements at the end of his employment.
The FWO alleges R&A Barbers Zone Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Yousif 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 R&A Barbers Zone Pty Ltd and Mr Yousif for allegedly failing to comply with two Compliance Notices.
The company faces maximum penalties of up to $33,300 per breach and Mr Yousif faces maximum penalties of up to $6,600 per breach.
The regulator is also seeking an order for R&A Barbers Zone 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 8 April 2022.
