The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the operators of a bakeware manufacturing and supply business located in Sydney.
Facing court are Mackies Asia Pacific Pty Limited, which trades as ‘Mackies’, and company director Dmitry Myndreskou.
The FWO commenced an investigation after receiving a request for assistance from a worker who was employed by Mackies Asia Pacific as a sales director for more than 20 years before his employment concluded last year.
A Fair Work Inspector issued a Compliance Notice to the company in February 2021 after forming a belief the worker was not paid his accrued but untaken annual leave entitlements in full at the conclusion of his employment.
The FWO alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s outstanding entitlements. Mr Myndreskou is alleged to have been involved in the contravention.
In line with the FWO’s proportionate approach to regulation during the COVID-19 pandemic, the FWO made several attempts to secure voluntary compliance with the Compliance Notices before commencing legal action.
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.
“Compliance Notices are important tools used by inspectors to deal with apparent contraventions of the Fair Work Act or industrial instruments, most typically Modern Awards,” Ms Parker said.
“Where employers do not respond to or comply with these Notices, we will take appropriate enforcement action to protect employees. A court can order a business to pay penalties for not complying with such a Notice, in addition to back-paying workers as appropriate.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties against Mackies Asia Pacific Pty Limited and Mr Myndreskou. The company faces a maximum penalty of $33,300, while Mr Myndreskou faces a maximum penalty of $6,660.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying any underpayment in full, plus interest.
A directions hearing is listed in the Federal Circuit Court in Sydney on 8 October 2021.
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.