Professional services company penalised
The Fair Work Ombudsman has secured $39,600 in penalties in court against a Perth-based company and its former director.
The Federal Circuit and Family Court has imposed a $33,000 penalty against AICA International Pty Ltd - which is based in Bibra Lake and operated in several industries including legal, accounting, education, marketing and information technology - and a $6,600 penalty against the company’s former sole director and shareholder, Shiju Mathews.
The penalties were imposed in response to the company breaching the Fair Work Act by failing to comply with a Compliance Notice requiring it to back-pay a full-time system and computer engineer it employed between February 2018 and July 2022. Mr Mathews was involved in the contravention.
In addition to the penalties, the Court has ordered AICA International Pty Ltd to pay the worker $2,654, plus interest and superannuation, as required by the Compliance Notice.
Fair Work Ombudsman Anna Booth said companies that failed to act on Compliance Notices needed to be aware they could 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 Booth said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued the Compliance Notice to AICA International in May 2023 after forming a reasonable belief that the affected worker was underpaid minimum wages owed under the Professional Employees Award 2020.
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. A free interpreter service is available on 13 14 50.
Employees can also seek information from their employer or their union, if they are a union member.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Small businesses can find targeted resources at the Small Business Showcase.
