The Fair Work Ombudsman has commenced legal action against the operator of an automotive repair and maintenance business in western Sydney.
Facing court is sole trader Phyrum Um, who owns and operates a business registered as Intense Panel & Paint trading as Slick FX Bodystyling in Yennora.
The regulator investigated after receiving a request for assistance from the mother of a young worker with disability that Mr Um employed as a part-time apprentice panel beater between May 2021 and May 2022.
The worker was aged 21 at the commencement of his employment.
A Fair Work Inspector issued a Compliance Notice to Mr Um in June 2024 after forming a belief he had underpaid the worker entitlements owed under the Vehicle Repair, Services and Retail Award 2020 and the Fair Work Act's National Employment Standards.
The inspector formed a belief that Mr Um had underpaid the apprentice their minimum wages for ordinary hours, penalty rates for working Saturdays, overtime and public holidays, and accrued but untaken annual leave entitlements at the end of his employment.
The Fair Work Ombudsman alleges Mr Um, without reasonable excuse, failed to comply with the Compliance Notice, which required him to back-pay the worker's entitlements and calculate any additional superannuation. It is alleged that the amount Mr Um was required to pay to comply with the Compliance Notice was $17,971, plus superannuation.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take employers to court where lawful requests are not complied with.
"Employers need to be aware that taking action to protect vulnerable workers, such as young workers, is one of our top priorities," Ms Booth said.
"Where employers do not comply with a Compliance Notice, we will take appropriate action to protect employees. A court can order an employer to pay penalties and make payments to workers.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The FWO is seeking a penalty in court for the alleged failure to comply with the Compliance Notice. Mr Um faces a penalty of up to $18,780.
The regulator is also seeking an order for Mr Um to pay the amount allegedly owing to the worker, plus superannuation and interest.
A hearing is listed in the Federal Circuit and Family Court in Sydney on 19 March 2025.
