The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the operator of a radiology clinic on the Gold Coast, in Queensland.
Facing court is Queensland Xray Group Pty Ltd, which operates the radiology clinic trading as Uniradiology at Southport.
The FWO commenced an investigation after receiving a request for assistance from a worker who was employed as a radiographer at the clinic for several months, before her employment concluded last year.
The worker, from Zimbabwe, was on a 482 temporary skills shortage visa.
A Fair Work Inspector issued a Compliance Notice to Queensland Xray Group in December 2020 after forming a belief the worker was not paid her accrued but untaken annual leave entitlements in full at the conclusion of her employment.
The FWO alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to back-pay the worker $1551.41 in outstanding entitlements.
The FWO made several attempts to secure voluntary compliance with the Compliance Notice before commencing legal proceedings.
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.
“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 these Notices, we will take appropriate enforcement action to protect employees. 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 the Fair Work Ombudsman for free assistance.”
The regulator is seeking an order for the company to comply with the Compliance Notice, which includes rectifying the alleged underpayment in full plus interest.
The FWO is also seeking a penalty against Queensland Xray Group Pty Ltd. The company faces a possible maximum penalty of $33,300. A directions hearing is listed in the Federal Circuit Court in Brisbane on 27 August 2021.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.