Operator of repairs and key cutting business in court
15 July 2024
This matter was finalised in June 2024 with the Federal Circuit and Family Court making an order declaring that Mr Sellick had contravened the Fair Work Act by failing to comply with the Compliance Notice. After the FWO commenced these proceedings, Mr Sellick back-paid the worker all entitlements owed.
The Fair Work Ombudsman has commenced legal action against the operator of a Gold Coast outlet that offers shoe and bag repairs and key cutting services.
Facing court is sole trader Jeffery Sellick, whose business trades as Multi Services Gold Coast, based at Robina.
The regulator investigated after receiving a request for assistance from a retail worker Mr Sellick employed from April to June 2022.
A Fair Work Inspector issued a Compliance Notice to Mr Sellick in November 2022 after forming a belief that the worker had been underpaid minimum wages and Sunday penalty rates during her employment and was not paid accrued but untaken annual leave and payment-in-lieu-of-notice-of-termination entitlements at the end of her employment.
These were entitlements under the General Retail Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The FWO alleges Mr Sellick, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements.
Fair Work Ombudsman Anna Booth 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,” Ms Booth 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 in the Federal Circuit and Family Court in Brisbane against Mr Sellick 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 Sellick to rectify the alleged underpayments in full, plus superannuation and interest.
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.
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.
Small businesses can find targeted resources at the Small Business Showcase.
