FWO accuses firm of not complying with Compliance Notice for backpay
The Fair Work Ombudsman (FWO) has launched legal action against a Sydney-based business that allegedly underpaid a Chinese visa holder.
The FWO is accusing Open Close It Pty Ltd of failing to comply with a Compliance Notice that ordered it to calculate and backpay the employee's entitlements.
According to the FWO, the employee, who worked on a full-time basis as a roller blinds manufacturer between July 2021 and February 2022, is owed at least $3,482.
This includes underpaid minimum wages and overtime rates owed under the Manufacturing and Associated Industries and Occupations Award 2020.
Its sole director, Nicholas Paxinos, is also facing the court for his involvement in the contravention, according to the FWO.
A hearing is set on May 17 at the Federal Circuit and Family Court in Sydney.
Penalties sought for alleged non-compliance
For its non-compliance with the Compliance Notice, the FWO is seeking penalties in court against Open Close It and its director of up to $41,250 and $8,250, respectively.
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It is also asking the court to order the company to rectify the alleged underpayment in full, in addition to interest and superannuation.
"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," said Acting Fair Work Ombudsman Michael Campbell in a statement.
According to Campbell, visa holders have the same rights as all other workers, and it is the FWO's priority to protect them.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance," Campbell said.