The Fair Work Ombudsman has commenced legal action against the operators of a printing and signage business that manufactures and installs signs in the greater southern region of Western Australia.
Facing court is Hidewood Enterprises Pty Ltd, which operates Hidewood Signs and Print in Albany and the company's director, Pieter Berkelaar.
The regulator investigated after receiving a request for assistance from a worker Hidewood Enterprises employed as a full-time graphic designer between February 2013 and April 2023.
A Fair Work Inspector issued a Compliance Notice to Hidewood Enterprises in July 2023 after forming a belief the worker was owed entitlements under the Graphic Arts, Printing and Publishing Award 2020 and the Fair Work Act's National Employment Standards.
The inspector formed a belief that the worker was underpaid minimum wages, was not paid personal leave for a period of personal leave taken for which he was entitled to be paid, and was not paid accrued annual leave entitlements when his employment ended.
The Fair Work Ombudsman alleges Hidewood Enterprises, 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 that the amount the employer was required to pay under the Compliance Notice was $25,672.
It is alleged Mr Berkelaar was involved in the contravention.
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 the Fair Work Ombudsman for free assistance."
The FWO is seeking penalties in court. For the alleged failure to comply with the Compliance Notice, Hidewood Enterprises faces a penalty of up to $46,950 and Mr Berkelaar faces a penalty of up to $9,390.
The regulator is also seeking an order for the company to pay the alleged amount in full, plus interest. A hearing is currently scheduled in the Federal Circuit and Family Court in Perth on 5 June 2024.
