Cosmetic injectables and skin clinic in court

27 October 2021

The Fair Work Ombudsman has commenced legal action against a cosmetic injectables and skin clinic in Sydney and its operator.

Facing court are Rachael Louise Medispa Pty Ltd, which is based in Drummoyne, and the company’s sole director Rachael Louise Birch.

The regulator began an investigation after receiving a request for assistance from a worker employed at the clinic in roles of advanced cosmetic injector and head trainer of cosmetic injectables between 8 and 25 December 2020.

A Fair Work Inspector issued a Compliance Notice to Rachael Louise Medispa in July 2021 after forming a belief the worker had been underpaid her minimum wages under the Nurses Award 2010.

The FWO alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Ms Birch was involved in the contravention.

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 penalties. Rachael Louise Medispa Pty Ltd faces a maximum penalty of up to $33,000 and Ms Birch faces a penalty of up to $6,660.

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 Sydney on 9 November 2021.

Employers and employees can visit 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.

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Media inquiries:

Ryan Pedler, Assistant Director - Media
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