The Fair Work Ombudsman has commenced legal action against the operators of a Melbourne-based company that provides online and virtual healthcare software and solutions.
Facing court are KYT Laboratories Pty Ltd, which is based in the Melbourne CBD and trades as 'Keytrust Laboratories' and 'Keytrust CollabCare', and the company's sole director Charles Greatrex.
A Fair Work Inspector issued a Compliance Notice to KYT Laboratories Pty Ltd in March 2023 after forming a belief that it had underpaid an information technology worker it employed on a full-time basis from 2014 to 2022.
The inspector formed a belief that the company had underpaid the worker's minimum wages under the Professional Employees Award 2020 over a two month period in 2022 and had failed to pay the worker's accrued but untaken annual leave entitlements at the end of her employment, owed under the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges KYT Laboratories Pty Ltd, without a reasonable excuse, failed to fully comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements.
It is alleged that Mr Greatrex was involved in the contravention.
It is alleged that the amount KYT Laboratories was required to pay to comply with the Compliance Notice was more than $33,000. It is alleged that the worker has now been partially back-paid but that more than two-thirds, being $24,053, remains outstanding in respect of the worker's entitlement to accrued but untaken annual leave on termination.
Fair Work Ombudsman Anna Booth 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 and make payments to workers," Ms Booth said.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. KYT Laboratories Pty Ltd faces a penalty of up to $41,250 and Mr Greatrex faces a penalty of up to $8,250.
The regulator is also seeking an order requiring the company to take the remaining steps required by the Compliance Notice, including paying the alleged outstanding amount to the worker, plus interest and any applicable superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 17 July 2025.
