12 August 2024

The Fair Work Ombudsman has commenced legal action against the operator of a Sydney company that designs and retails wedding dresses.

Facing court is 10 Foster Street Pty Ltd, which operates the ‘George Elsissa’ design studio and bridal store at Leichardt, in Sydney’s inner-west.

The regulator investigated after receiving requests for assistance from four workers 10 Foster Street employed in full-time and part-time roles for various periods between June 2015 and September 2021.

A Fair Work Inspector issued a Compliance Notice to 10 Foster Street in May 2022 after forming a belief the workers were not paid accrued but untaken annual leave entitlements at the end of their employment, owed under the General Retail Industry Award 2020 and the Fair Work Act’s National Employment Standards.

The inspector formed a belief that one of the workers was also not paid payment-in-lieu-of-notice-of-termination entitlements when her employment ended.

The Fair Work Ombudsman alleges 10 Foster Street, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the workers’ entitlements. It is alleged the amount the company was required to pay to comply with the Compliance Notice was $21,604.

One worker was engaged in an administration and marketing position while the others were in design roles including a pattern maker, draper and design-and-sales assistant.

Two of the employees were young workers, aged 23 to 25 at the time of their employment.

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 and make payments to workers,” Ms Booth said.

“Employers also need to be aware that taking action to protect young workers is among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

The FWO is seeking penalties in court. For the alleged failure to comply with the Compliance Notice, 10 Foster Street faces a penalty of up to $33,300.

The regulator is also seeking orders for the company to pay the alleged amount owing to the workers, plus superannuation and interest. These proceedings are before the Federal Circuit and Family Court in Sydney.

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. Employees can also seek information from their employer and their union, if they are a union member.

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 and information is available for employees and employers at our young workers and students webpage.

The minimum pay rates in awards, including the General Retail Industry Award 2020, can be found in our pay guides.