Perth architect faces court over alleged failure to provide employment records
3 September 2010
The Fair Work Ombudsman has launched a prosecution against a Perth architect for allegedly failing to provide employment records for a former employee who claimed he had been underpaid.
Facing court is Antonino Rechichi, of Subiaco, and Finetune Holdings Pty Ltd, of which Mr Rechichi is sole owner and director.
Mr Rechichi formerly operated his business - Rechichi Architects on William Street, Northbridge – through Finetune Holdings.
Documents lodged in the Federal Magistrates Court in Perth allege Mr Rechichi was responsible for his company breaching national workplace laws by failing to comply with requests to provide employment records.
Under the Fair Work Act, employers must comply with requests from the Fair Work Ombudsman to provide employment records relating to employees and former employees.
The Fair Work Ombudsman requested employment records from Mr Rechichi’s company late last year during its investigation of an underpayment complaint lodged by a man employed to work as a graduate architect at Rechichi Architects in 2008-09.
It is alleged that Mr Rechichi and Finetune Holdings committed one breach of workplace laws. They face maximum penalties of $6600 and $33,000 respectively.
The Fair Work Ombudsman is also seeking a Court Order for Mr Rechichi’s company to provide the records requested. A directions hearing is listed for September 13.
Fair Work Ombudsman Executive Director Michael Campbell says failing to comply with a request to provide records is serious because it hampers the ability of inspectors to determine whether workers have been underpaid.
Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13 94 or visit www.fwo.gov.au. For translations call 13 14 50.
Ryan Pedler, Director, Senior Media Adviser,
(03) 9954 2561, 0411 430 902
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