8 July 2022

The Fair Work Ombudsman has commenced legal action against a cleaning services operator based just north of Brisbane.

Facing court is Colin Spann, a sole trader who operated a business trading as Spann’s Cleaning Services, based at Morayfield.

The regulator investigated after receiving a request for assistance from a worker employed on a casual basis by Mr Spann between December 2020 and September 2021.

A Fair Work Inspector issued a Compliance Notice to Mr Spann in November 2021 after forming a belief the worker had not been paid entitlements he was owed under the Cleaning Services Award 2020, including minimum wages, casual loading, broken shift allowances and penalty rates for night, weekend and public holiday work.

The inspector assessed that $891.61 was owing to the worker.

The Fair Work Ombudsman alleges Mr Spann, without reasonable excuse, failed to comply with the Compliance Notice, which required him to back-pay the worker’s outstanding entitlements.

A contravention of pay slip laws is also alleged.

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 Fair Work Ombudsman is seeking a penalty against Mr Spann for allegedly failing to comply with the Compliance Notice. He faces a penalty of up to $6,660.

In addition, Mr Spann faces a penalty of up to $13,320 for the alleged pay slip contravention.

The Fair Work Ombudsman is also seeking a court order for Mr Spann to take the action required by the Compliance Notice, including rectifying the alleged underpayment in full, plus superannuation and interest.

A directions hearing has been listed in the Federal Circuit and Family Court in Brisbane on 15 August 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.