The Fair Work Ombudsman has commenced legal action against the operator of a residential gutter and roof restorations business in Brisbane.
Facing court is Matthew Phillip Peers, a sole trader who operated a business trading as 'Matt's Gutta & Roofing Restos' based in Loganlea, a suburb in southern Brisbane.
The regulator began an investigation after receiving a request for assistance from a worker who was employed as a part-time administration assistant between July 2020 and June 2021.
A Fair Work Inspector issued a Compliance Notice to Mr Peers in August 2021 after forming a belief the worker had not been paid payment-in-lieu-of-notice and accrued but untaken annual leave entitlements, owed under the Fair Work Act and the Clerks - Private Sector Award 2020, on termination of her employment in June 2021.
The Fair Work Ombudsman alleges Mr Peers, without a reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and pay to the former employee the outstanding entitlements.
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.
Mr Peers faces a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
The Fair Work Ombudsman is also seeking a court order for Mr Peers to take the actions required by the Compliance Notice, including calculating and rectifying any underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 28 April 2022.
