The Fair Work Ombudsman has secured a $5,634 penalty in court against the former director of a recruitment company based in New South Wales for a breach affecting a young worker.
The Federal Circuit and Family Court has imposed the penalty against Brandon Wylie, who was the sole director of Growth Executive Talent Pty Ltd, which operated a recruitment agency for the real estate and property industries, before it was placed into liquidation.
The penalty was imposed in response to Mr Wylie's involvement in failing to comply with a Compliance Notice, which required the back-payment of a worker Growth Executive Talent employed as a full-time recruitment agent for seven weeks in January - March, 2023.
The worker was aged 22 at the time.
Fair Work Ombudsman Anna Booth said directors involved in failing to act on Compliance Notices needed to be aware they could face court-imposed penalties.
"Where directors do not comply with notices issued to their companies, we will take appropriate action to protect employees," Ms Booth said.
"All business operators should also be aware that taking action to protect young workers is an enduring priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Growth Executive Talent in August 2023 after forming a belief that the company had underpaid the worker his minimum wage and annual leave entitlements.
The worker was entitled to be paid minimum wages under the Miscellaneous Award 2020, and his accrued but untaken annual leave entitlements at the end of his employment under the Fair Work Act's National Employment Standards.
Judge Sheila Kaur-Bains found that the failure to comply with the Compliance Notice was deliberate and that Mr Wylie had not exhibited contrition.
"[Mr Wylie] repeatedly advised the FWO that payments were to be made but did not do so and admitted that the [company] did not have a reasonable excuse for non-compliance with the Compliance Notice," Judge Kaur-Bains said.
"The total amount of loss to the employee was in the total sum of $7,026.74, which comprised of unpaid salary, unpaid accrued annual leave and unpaid superannuation contributions."
