The Fair Work Ombudsman has commenced legal action against a Melbourne-based company that designs and develops websites and its director.
Facing court is 2Cloud Technology Pty Ltd, based in Mount Waverley, and the company's sole director, Canyuan Liao.
The regulator investigated after receiving a request for assistance from a Chinese national who was employed by the company in a full-time IT specialist position between January 2022 and May 2023.
The worker was on a temporary graduate visa at the time.
A Fair Work Inspector issued a Compliance Notice to 2Cloud Technology in September 2023 after forming a belief the company had underpaid the worker's wages and annual leave entitlements, owed under the National Minimum Wage order and the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges 2Cloud Technology, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements. Mr Liao was allegedly involved in the contravention.
It is alleged that the amount 2Cloud Technology was required to pay to comply with the Compliance Notice was $18,418. It is alleged the majority of this has not been back-paid.
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 also need to be aware that taking action to protect vulnerable workers such as visa holders is a priority for the Fair Work Ombudsman.
"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. 2Cloud Technology faces a penalty of up to $46,950 and Mr Liao 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 employee.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 13 August 2024.
