The Fair Work Ombudsman has commenced legal action against the operator of an insurance claims management business in the Brisbane CBD.
Facing court are Alliance Property Consultancy Pty Ltd, which operated 'Storm Assist' on Eagle Street, and its sole director Adam Skilled Killackey.
The regulator began investigations after receiving a request for assistance from a worker who had been employed by Alliance Property Consultancy Pty Ltd as a full-time sales consultant between January and May 2021.
A Fair Work Inspector issued a Compliance Notice to Alliance Property Consultancy in August 2021 after forming a belief a worker had been underpaid entitlements owed under the Miscellaneous Award 2020 and the Fair Work Act.
It is alleged that the worker had been underpaid accrued but untaken annual leave entitlements at the end of his employment.
The FWO alleges Alliance Property Consultancy, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements. It is alleged Mr Killackey was involved in the contravention.
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 Fair Work Ombudsman is seeking penalties. Alliance Property Consultancy faces a penalty of up to $33,300 and Mr Killackey faces a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for Alliance Property Consultancy to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 13 June 2022.
