21 February 2024

The Fair Work Ombudsman has commenced legal action against a company running physiotherapy and rehabilitation clinics in Sydney.

Facing court is Workersweb Pty Ltd, trading as TRP Physiotherapy & Sports Injury, which runs clinics in Fairfield, Homebush and Wentworthville.

The regulator investigated after receiving a request for assistance from a physiotherapist employed by Workersweb from May to October 2022.

A Fair Work Inspector issued a Compliance Notice to Workersweb in April 2023 after forming a belief that the physiotherapist was not paid his accrued but untaken annual leave entitlements when his employment ended, as required under the Fair Work Act’s National Employment Standards.

The Fair Work Ombudsman alleges Workersweb, without reasonable excuse, failed to comply with the Compliance Notice, which required the company to calculate and back-pay the physiotherapist’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 penalties in court for the alleged failure to comply with the Compliance notice. Workersweb could be penalised up to $41,250. The regulator is also seeking orders for the company to rectify the alleged underpayment in full, plus interest.

A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 2 May 2024.

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 is among a suite of free interactive courses on offer for employers, managers and employees, available in our online learning centre.

Small businesses can find targeted resources at the Small Business Showcase.