The Fair Work Ombudsman has commenced legal action against the operators of a cosmetics clinic in Melbourne, including for allegedly providing an employee a false pay slip.
Facing court are Port Melbourne Cosmetic Clinic Pty Ltd, which operates Bayside Skin and Laser Clinic in Port Melbourne, and the company's sole director, Robin Abdelmalek.
The regulator commenced an investigation after receiving requests for assistance from two workers employed at the clinic between August and October 2022.
One worker was engaged as a part-time nurse and the other worker was employed as a full-time clinic manager.
A Fair Work Inspector issued a Compliance Notice to Port Melbourne Cosmetic Clinic Pty Ltd in July 2023 after forming a belief the company had underpaid the workers' minimum entitlements owed under the Nurses Award 2020 and the National Employment Standards.
The inspector formed a belief that the nurse was only partially paid for work performed during the final two weeks of her employment, and was not paid accrued but untaken annual leave entitlements at the end of her employment owed under the Fair Work Act's National Employment Standards. The inspector also formed a belief that the clinic manager was not paid one week's wages in lieu of notice of her termination.
The Fair Work Ombudsman alleges Port Melbourne Cosmetic Clinic Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the workers' entitlements.
It is also alleged that the company breached the Fair Work Act by providing a false and misleading pay slip to the nurse, which showed she was paid $1,398 net for her final pay period when she had not been.
It is alleged Mr Abdelmalek was involved in all the contraventions.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests and pay slip laws 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 to take steps to comply with a Compliance Notice including calculating and back-paying entitlements," Ms Booth said.
"Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to provide accurate pay slips to their employees."
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The Fair Work Ombudsman is seeking penalties in court.
For the alleged failure to comply with the Compliance Notice, Port Melbourne Cosmetic Clinic faces a penalty of up to $41,250 and Mr Abdelmalek faces a penalty of up to $8,250.
For the alleged pay slip contravention, the company faces a penalty of up to $66,300 and Mr Abdelmalek faces a penalty of up to $13,320.
The regulator is also seeking a court order requiring the company to comply with the Compliance Notice including calculating and rectifying any outstanding entitlements, plus paying superannuation and interest.
The matter is listed for a hearing in the Federal Circuit and Family Court in Melbourne on 13 August 2025.
