9 November 2021

The Fair Work Ombudsman has commenced legal action against the operator of a kitchen installation and manufacturing business in Sydney.

Facing court is Ramazan Azman, who operates a business based at Concord trading as Award Kitchens.

The regulator began an investigation after receiving a request for assistance from a worker who was employed by Mr Azman on a full-time basis as a furniture production employee between July 2018 and August 2020.

A Fair Work Inspector issued a Compliance Notice to Mr Azman in March 2021 after forming a belief the worker was underpaid minimum wages, overtime entitlements and annual leave entitlements under the Timber Industry Award 2010 and the National Employment Standards.

The FWO alleges Mr Azman, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.

It is alleged that Mr Azman has partially back-paid the worker more than $4000 - but that more than $16,000 remains owing.

Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws in a proportionate manner during the COVID-19 pandemic and take business operators 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. Mr Azman faces a maximum penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.

The regulator is also seeking a court order for Mr Azman to take the action required by the Compliance Notice, including rectifying underpayments of $16,252.27 (gross) in full to the former employee, plus interest and superannuation.

A hearing has been listed in the Federal Circuit and Family Court in Sydney on 15 March 2022.

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. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.