The Fair Work Ombudsman has commenced legal action against a contract cleaning business located in the Hunter Region of New South Wales and its director.
Facing court is T.S.T Commercial Cleaning Pty Ltd, which is based in Rutherford, and company director Tracey Greer.
The regulator began an investigation after receiving requests for assistance from two workers employed at T.S.T Commercial Cleaning as cleaners on a casual basis for various periods in January 2021 and February 2021.
A Fair Work Inspector issued a Compliance Notice to T.S.T Commercial Cleaning in April 2021 after forming a belief the two workers had not been paid all entitlements owed under the Cleaning Services Award 2020.
The Inspector formed a belief the two workers were underpaid entitlements including minimum rates for ordinary hours, casual loading entitlements, and that they were not paid for all hours they worked.
The FWO alleges T.S.T Commercial Cleaning, without reasonable excuse, failed to comply with the Compliance Notice, which required the calculation and back-payment of the workers’ outstanding entitlements. It’s alleged Ms Greer was involved in the contravention.
The FWO is seeking penalties against T.S.T Commercial Cleaning Pty Ltd and Ms Greer for the alleged Compliance Notice contravention. The company faces a maximum penalty of up to $33,300, while Ms Greer faces a maximum penalty of up to $6,660.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 4 February 2022.
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