The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the operator of an electrical company in south Sydney.
Facing court is WPS Trading Pty Ltd, a Sans Souci-based business trading as NIE Electrical Group.
The regulator investigated after receiving a request for assistance from a former worker who had been employed full-time as an electrical tradesman.
A Fair Work Inspector issued a Compliance Notice to the company in February 2021 after forming a belief the tradesman had been underpaid an accrued but untaken rostered day off credit (RDO credit) on termination under the Electrical, Electronic and Communications Contracting Award 2010, accrued during his employment.
The FWO alleges WPS Trading, without reasonable excuse, failed to comply with the Compliance Notice, which required the company to calculate and back-pay the worker's outstanding entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws in a proportionate manner during the COVID-19 pandemic 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 Compliance Notices, we will take appropriate enforcement action to recover employees' entitlements. 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 us for free assistance."
The FWO is seeking a penalty against WPS Trading. The company faces a penalty of up to $33,300.
The regulator is also seeking a court order for the company to take the action required by the Compliance Notice, including calculating and rectifying underpayments in full to the former employee, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit Court in Sydney on 10 August 2021.
Employers and employees can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94 for free workplace advice. A free interpreter service is available on 13 14 50.
