The Fair Work Ombudsman has commenced legal action against a recruitment company based in New South Wales and its director.
Facing court are Growth Executive Talent Pty Ltd, which operated a recruitment agency for the real estate and property industries, and the company's sole director Brandon Wylie.
The regulator investigated after receiving a request for assistance from a young worker that Growth Executive Talent employed as a full-time recruitment agent for a period of seven weeks from January to March, 2023. The worker was aged 22 at the time.
A Fair Work Inspector issued a Compliance Notice to Growth Executive Talent Pty Ltd in August 2023 after forming a belief it had failed to pay the worker anything for the work he performed.
The inspector formed a belief the worker was entitled to be paid minimum wages under the Miscellaneous 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 Growth Executive Talent, 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 Wylie was involved in the contravention.
It is alleged that the amount Growth Executive Talent was required to pay to comply with the Compliance Notice was $6,446, plus $580 in superannuation.
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 protect young workers is a priority 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. Growth Executive Talent faces a penalty of up to $46,950 and Mr Wylie 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 interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 29 January 2025.
