Acoustic engineering consultancy business in court
The Fair Work Ombudsman has commenced legal action against the operator of a Sydney-based business that provides acoustic engineering consultancy services.
Facing court is sole trader Michael Phillips, whose business trades as ‘Michael Phillips Acoustics’, with a head office in the Sydney suburb of Alexandria.
The regulator investigated after receiving a request for assistance from a worker Mr Phillips employed as a senior acoustic engineer, based at the head office, between May 2021 and April 2022.
A Fair Work Inspector issued a Compliance Notice to Mr Phillips in August 2022 after forming a belief that the worker had been underpaid.
The inspector formed a belief the worker had been underpaid wages owed under the Professional Employees Award 2020 and was not paid accrued but untaken annual leave entitlements at the end of her employment, owed under the Fair Work Act’s National Employment Standards.
The FWO alleges Mr Phillips, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.
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,” Mr Scully said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking a penalty against Mr Phillips for the alleged failure to comply with the Compliance Notice. He faces a penalty of up to $6,660.
The regulator is also seeking a court order for Mr Phillips to take the steps set out in the Compliance Notice, which includes rectifying the alleged underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 2 November 2023.
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.
Small businesses can find targeted resources at the Small Business Showcase.
