FWO takes cosmetic clinic operators to court for alleged violations
The operators of a cosmetics clinic in Port Melbourne are facing legal action from the Fair Work Ombudsman over allegations of underpaying employees and providing false pay slips.
Port Melbourne Cosmetic Clinic Pty Ltd, which operates Bayside Skin and Laser Clinic, and the clinic's sole director, Robin Abdelmalek, are both named in the proceedings.
The legal action follows an investigation initiated by the FWO after receiving complaints from a part-time nurse and full-time clinic manager of the organisation, who worked there between August and October 2022.
According to the FWO, the clinic underpaid both workers and failed to meet their entitlements under the Nurses Award 2020 and the National Employment Standards.
In July 2023, a Fair Work Inspector issued a Compliance Notice to the clinic after discovering that the nurse had only been partially paid for her final two weeks of work and had not received the accrued but untaken annual leave owed to her. The clinic manager, meanwhile, was not paid one week's wages in lieu of notice upon her termination.
The FWO alleges that the clinic and its director failed to act on the Compliance Notice, which required them to calculate and back-pay the workers' entitlements.
"Where employers do not comply, we will take appropriate action to protect employees," said Fair Work Ombudsman Anna Booth in a statement. "A court can order a business to pay penalties and to take steps to comply with a Compliance Notice, including calculating and back-paying entitlements.
Meanwhile, the FWO also alleges that Port Melbourne Cosmetic Clinic provided a false pay slip to the nurse. The pay slip reportedly showed a net payment of $1,398 for her final pay period when, in fact, she had not been paid that amount.
"Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to provide accurate pay slips to their employees," Booth said.
Port Melbourne Cosmetic Clinic faces a penalty of up to $41,250 for failing to comply with the Compliance Notice, while Abdelmalek faces a penalty of up to $8,250.
For the alleged pay slip contravention, the company could face a penalty of up to $66,300, and Abdelmalek faces a penalty of up to $13,320.
The FWO is also seeking a court order requiring the clinic to comply with the Compliance Notice, including paying any outstanding entitlements, superannuation, and interest. The case is scheduled for a hearing in the Federal Circuit and Family Court in Melbourne on August 13, 2025.
The Australian government has opened its doors for employees who have concerns over their wages as part of its crackdown on underpayments.
Among its priorities are the protection of vulnerable workers, such as visa holders.
The FWO has filed 146 litigations against employers involving visa-holder workers. It has also secured nearly $23 million in penalties in cases involving these employees in the seven financial years to June 2024.
The government also recently implemented new wage theft laws that introduce significant penalties for organisations that commit intentional underpayments.