The Fair Work Ombudsman has commenced legal action against the former operators of a construction business in Sydney's south-west.
Facing court are Kam the Handyman and Landscapes Pty Ltd, which operated Kams Home Transformations, and the company's sole director Kamal Taha.
The regulator investigated after receiving a request for assistance from a visa holder Kam the Handyman and Landscapes Pty Ltd employed as a full-time construction worker between September 2022 and February 2023. The worker was on a skilled regional visa at the time.
A Fair Work Inspector issued a Compliance Notice to Kam the Handyman and Landscapes in November 2023 after forming a belief it had failed to pay the worker any wages for the final two weeks of work he performed.
The inspector formed a belief the worker was entitled to be paid minimum wages under the Building and Construction General On-Site 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.
The Fair Work Ombudsman alleges Kam the Handyman and Landscapes, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements. It is alleged Mr Taha was involved in the contravention.
It is alleged that the amount Kam the Handyman and Landscapes was required to pay to comply with the Compliance Notice was $3,599.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests 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 make payments to workers," Ms Booth said.
"Employers should also be aware that taking action to improve compliance in the building and construction industry and protect visa holders, who may be vulnerable, are priorities for the FWO.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Kam the Handyman and Landscapes faces a penalty of up to $46,950 and Mr Taha faces a penalty of up to $9,390.
The regulator is also seeking an order for the company to pay the alleged outstanding amount to the worker, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 5 March 2025.
The Fair Work Ombudsman filed 146 litigations against employers involving visa holder workers, and secured nearly $23 million in penalties in cases that have included visa holder workers, in the seven financial years to June 2024.
