Melbourne consulting services company faces court

8 February 2023

The Fair Work Ombudsman discontinued these proceedings on 7 February 2023.

25 January 2023

The Fair Work Ombudsman has commenced legal action against a Melbourne-based consulting services company.

Facing court is Bid Collective Australia Pty Ltd, which provides consulting services in relation to government tender processes.

The regulator investigated after receiving a request for assistance from a business development manager the company employed between February and September, 2021.

A Fair Work Inspector issued a Compliance Notice to Bid Collective Australia Pty Ltd in February 2022 after forming a belief the company had underpaid the worker’s minimum wages and annual leave entitlements, owed under the National Minimum Wage Order 2021 and the Fair Work Act’s National Employment Standards.

The Fair Work Ombudsman alleges Bid Collective Australia Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s 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 in court for the alleged failure to comply with the Compliance Notice. Bid Collective Australia Pty Ltd faces a penalty of up to $33,300.

The regulator is also seeking an order for Bid Collective Australia Pty Ltd to take the steps set out in the Compliance Notice, which includes rectifying the alleged underpayment in full, plus interest.

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 9 February 2023.

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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