Adelaide cleaning business operator in court
The Fair Work Ombudsman has commenced legal action against a cleaning services operator based in Adelaide.
Facing court is Josef Samuel Neubauer, a sole trader who operated a business trading as City Central Cleaning, based in the Adelaide CBD.
The regulator investigated after receiving a request for assistance from a worker employed as a part-time administration assistant at Mr Neubauer’s business between 29 January and 15 February, 2021.
The worker, from Brazil, was in Australia on a bridging visa at the time.
A Fair Work Inspector issued a Compliance Notice to Mr Neubauer in July 2021 after forming a belief the worker had not been paid entitlements he was owed under the Clerks – Private Sector Award 2020, including minimum wages, annual leave entitlements and payment-in-lieu-of-notice.
The Fair Work Ombudsman alleges Mr Neubauer, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s outstanding entitlements and wages.
It is also alleged Mr Neubauer knowingly issued false and misleading pay slips to the worker.
Acting Fair Work Ombudsman Mark Scully 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,” Mr Scully said.
In relation to the alleged Compliance Notice breach, Mr Neubauer faces a maximum penalty of up to $6,660. In addition, Mr Neubauer also faces a maximum penalty of up to $13,320 for the alleged pay slip contravention.
The Fair Work Ombudsman is also seeking a court order for Mr Neubauer to take the action required by the Compliance Notice, including calculating and rectifying any underpayments in full, plus superannuation and interest.
A directions hearing has been listed in the Federal Circuit and Family Court in Adelaide on 28 June 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.
