The Fair Work Ombudsman has commenced legal action against a contract cleaning business located in the Hunter Region of New South Wales and its director.
Facing court is T.S.T Commercial Cleaning Pty Ltd, which is based in Rutherford, and company director.
The regulator began an investigation after receiving requests for assistance from two workers employed at T.S.T Commercial Cleaning as cleaners on a casual basis for various periods in January 2021 and February 2021.
A Fair Work Inspector issued a Compliance Notice to T.S.T Commercial Cleaning in April 2021 after forming a belief the two workers had not been paid all entitlements owed under the Cleaning Services Award 2020.
The Inspector formed a belief the two workers were underpaid entitlements including minimum rates for ordinary hours, casual loading entitlements, and that they were not paid for all hours they worked.
The FWO alleges T.S.T Commercial Cleaning, without reasonable excuse, failed to comply with the Compliance Notice, which required the calculation and back-payment of the workers’ outstanding entitlements. It’s alleged the director was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws in a proportionate manner during the COVID-19 pandemic and take business operators 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,” Parker said.
The FWO is seeking penalties against T.S.T Commercial Cleaning Pty Ltd and the director for the alleged Compliance Notice contravention.
The company faces a maximum penalty of up to $33,300, the director faces a maximum penalty of up to $6,660.
The regulator is also seeking an order for the company to comply with the 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 Sydney on 4 February 2022.
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