The Fair Work Ombudsman has commenced legal action against the operators of a medical centre in Sydney's west.
Facing court are Well Health Medical Services Pty Ltd, which operates Well Health Medical Hub in Merrylands, and the company's sole director, Irfan Khan.
The regulator investigated after receiving a request for assistance from a worker that Well Health Medical Services employed as a full-time registered nurse between October 2020 and September 2023.
A Fair Work Inspector issued a Compliance Notice to Well Health Medical Services in December 2023 after forming a belief the company had underpaid the worker their entitlements owed under the Nurses Award 2020 and annual leave entitlements under the Fair Work Act's National Employment Standards.
The inspector formed a belief the company had underpaid the worker's minimum wages and annual leave loading for leave taken, and did not pay the worker for accrued but untaken annual leave at the end of her employment.
The inspector also formed a belief the worker was not paid for her last 46 hours of work performed before her employment ended.
The Fair Work Ombudsman alleges Well Health Medical Services, 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 Khan was involved in the contravention.
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 to take steps to comply with a Compliance Notice including calculating and back-paying entitlements," Ms Booth said.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The FWO is seeking penalties in court. For the alleged failure to comply with the Compliance Notice, Well Health Medical Services faces a penalty of up to $46,950 and Mr Khan faces a penalty of up to $9,390.
The regulator is also seeking a court order requiring the company to comply with the Compliance Notice, including calculating and rectifying any underpayments, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 24 March 2025.
