Former operators of Sydney medical centre penalised
The Fair Work Ombudsman has secured penalties totalling $36,000 in court against the former operators of a medical centre in Sydney’s west, for breaches that impacted a nurse.
The Federal Circuit and Family Court imposed a $30,000 penalty against Well Health Medical Services Pty Ltd, which formerly operated Well Health Medical Hub in Merrylands, and a $6,000 penalty against the company’s sole director, Irfan Khan.
The penalties were imposed in response to Well Health Medical Services failing to comply with a Compliance Notice, which required it to calculate and back-pay entitlements owing to a worker it employed as a full-time registered nurse between October 2020 and September 2023.
Mr Khan was involved in the breach.
In addition to the penalties, the Court has ordered Well Health Medical Services to take the actions required by the Compliance Notice, including rectifying any underpayments, plus superannuation and interest.
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to comply with the Compliance Notice.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The regulator investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Well Health Medical Services in December 2023 after forming a belief the company had underpaid the worker’s entitlements owed under the Nurses Award 2020 and annual leave entitlements under the Fair Work Act’s National Employment Standards.
The inspector formed a belief the company had underpaid the worker’s minimum wages and annual leave loading for leave taken, and did not pay the worker for accrued but untaken annual leave at the end of her employment.
The inspector also formed a belief the worker was not paid for her last 46 hours of work performed before her employment ended.
Judge Peter Papadopoulos found that Well Health Medical Service’s failure to comply with the Compliance Notice was deliberate and that Mr Khan was an “intentional participant” in the breach.
Judge Papadopoulos also found that the company and Mr Khan had not demonstrated any contrition.
His Honour found that there was a need to impose penalties to deter the company, Mr Khan and other employers from similar breaches in future.
The penalties “should impress upon the respondents that compliance with statutory notices is not optional and that failure to engage meaningfully with the regulator will attract significant consequences. Equally, it must send a clear message to other employers that such conduct will not be tolerated,” Judge Papadopoulos said.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An 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.
Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.
