Cosmetic injectables and skin clinic penalised

4 May 2022

The Fair Work Ombudsman has secured a total of $29,970 in penalties in court against a cosmetic injectables and skin clinic in Sydney and its director.

The Federal Circuit and Family Court has imposed a $24,975 penalty against Rachael Louise Medispa Pty Ltd, which is based in Drummoyne, and a $4,995 penalty against the company’s sole director Rachael Louise Birch.

The penalties were imposed in response to Rachael Louise Medispa failing to comply with a Compliance Notice requiring the back-payment of entitlements to a worker employed at the clinic in roles of advanced cosmetic injector and head trainer of cosmetic injectables between 8 and 25 December 2020. Ms Birch was involved in the contravention.

The Court has also ordered Rachael Louise Medispa to comply with the Compliance Notice by back-paying the worker in full.

Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.

“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

The regulator investigated after receiving a request for assistance from the affected worker.

A Fair Work Inspector issued a Compliance Notice to Rachael Louise Medispa in July 2021 after forming a belief that the worker had not been paid all wages owed on termination as required by the Nurses Award 2010.

Judge Nicholas Manousaridis found that the failure to comply with the Compliance Notice was deliberate and had denied the employee’s entitlement to approximately $3,048.50.

“The penalty should be set at a level that signals not only to employers in the beauty services industry, but to all employers that a wilful disregard of a Compliance Notice issued under s 716(2) of the FW Act will be met with a significant penalty,” Judge Manousaridis said.

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.

The website includes targeted resources for small businesses in the Small Business Showcase.

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