The Fair Work Ombudsman has commenced legal action against the operator of a physiotherapy business in Southport on the Gold Coast.
Facing court is M.X.S. Australia Pty Ltd, trading as MedX Physio.
The regulator investigated after receiving a request for assistance from a former support services employee who worked full-time at the business performing administrative and cleaning duties between February and August 2020.
A Fair Work Inspector issued a Compliance Notice to the company in February 2021 after forming a belief the worker had not been paid entitlements owed under the Health Professionals and Support Services Award 2020.
The inspector formed a belief the employee was not paid their accrued but untaken annual leave upon leaving their job.
The Fair Work Ombudsman alleges M.X.S. Australia, without reasonable excuse, failed to comply with the Compliance Notice, which required the company to calculate and back-pay 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 a penalty against M.X.S. Australia Pty Ltd. The company faces a maximum penalty of $33,300.
The Fair Work Ombudsman is also seeking an order, in the Federal Circuit and Family Court in Brisbane, for the company to pay the amount owed to the worker, plus interest.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
