11 November 2021

The Fair Work Ombudsman has commenced legal action against the operators of a Melbourne-based removalist business.

Facing court is AKASA WA PTY LTD, trading as My Moovers WA & SA.

The regulator began an investigation after receiving a request for assistance from a worker.

A Fair Work Inspector issued a Compliance Notice to AKASA WA in July 2021 after forming a belief the worker was employed on a full-time basis as a call centre customer contact officer between November 2020 and March 2021, and had not been paid all entitlements owed under the Clerks – Private Sector Award 2020.

The inspector formed a belief that the employee was underpaid minimum wages for ordinary hours, overtime, and weekend and public holiday penalty rates.

The FWO alleges that the company, without reasonable excuse, failed to comply with the Compliance Notice, which required the calculation and back-payment of the worker’s outstanding entitlements.

Fair Work Ombudsman Sandra Parker 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 in addition to back-paying workers.”

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.

The FWO is seeking a penalty against AKASA WA. The company faces a penalty of up to $33,300.

The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying any underpayments in full, plus interest and superannuation.

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 13 December 2021.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.