The Fair Work Ombudsman has commenced legal action against the operators of a security business in Subiaco, in Perth’s inner west.
Facing court is Principal Security (WA) Pty Ltd.
The regulator began an investigation after receiving a request for assistance from a worker, who was employed from January 2018 to March 2020 as a casual security guard, tasked with patrolling Haynes Shopping Centre.
A Fair Work Inspector issued a Compliance Notice to Principal Security in April 2021 after forming a belief that the worker had not been paid all entitlements owed under the Security Services Industry Award 2010.
It is alleged that the worker was underpaid minimum wages, casual loading, weekend penalty rates, night penalty rates and overtime loading.
The FWO alleges that Principal Security, without reasonable excuse, failed to comply with the Compliance Notice, which required the calculation and back-payment of the worker’s outstanding 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 penalties against Principal Security (WA) Pty Ltd. The company faces a penalty of up to $33,300.
The regulator is also seeking an order for the company to comply with Compliance Notice, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Perth on 20 December 2021.