Cleaning business operators in court
18 October 2021
The Fair Work Ombudsman has commenced legal action against the operators of a Sydney cleaning business.
Facing court is Dynamics Clean Services Pty Ltd, based in Campsie, and company director Alan Avalos.
The regulator began an investigation after receiving a request for assistance from a Nepalese worker who was employed at Dynamics Clean Services as a cleaner on a casual basis for approximately one week in October 2020.
A Fair Work Inspector issued a Compliance Notice to Dynamics Clean Services in February 2021 after forming a belief that the worker had not been paid entitlements owed under the Cleaning Services Award 2020.
It is alleged the worker was not paid entitlements including the casual minimum wage and casual weekend penalty rates.
The FWO alleges Dynamics Clean Services, without reasonable excuse, failed to comply with the Compliance Notice, which required the company to calculate and back-pay the worker’s outstanding entitlements. It’s alleged Mr Avalos was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws in a proportionate manner during the COVID-19 pandemic 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.”
The FWO is seeking penalties against Dynamics Clean Services Pty Ltd and Mr Avalos. The company faces a maximum penalty of $33,300, while Mr Avalos faces a maximum penalty of $6,660.
The regulator is also seeking an order for Dynamics Clean Services to comply with the Compliance Notice, which includes back-paying any underpayments in full, plus interest and superannuation, to the worker’s estate. (The worker has passed away.)
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.