Former cleaning business operator in court
The Fair Work Ombudsman has commenced legal action against the former operator of a domestic cleaning business in Queensland, including for allegedly providing false and misleading pay slips to two workers.
Facing court is sole trader Brianna Lee Corben, who formerly operated Southside General & Bond Cleaning Services, which predominately completed bond cleans in private homes in South-East Queensland.
The regulator investigated after receiving requests for assistance from two young workers Ms Corben employed as casual cleaners in January-February 2022.
One worker was aged 19 and the other was aged 21, at the time.
A Fair Work Inspector issued a Compliance Notice to Ms Corben in December 2022 after forming a belief the workers were underpaid entitlements owed under the Cleaning Services Award 2020.
The inspector formed a belief that the workers were underpaid the casual minimum wages, overtime rates, and weekend penalty rates, and that one of the workers was also underpaid and public holiday penalty rates, which they were entitled to for work performed over a two-week period.
The Fair Work Ombudsman alleges Ms Corben, without reasonable excuse, failed to comply with the Compliance Notice, which required her to calculate and back-pay the workers’ entitlements. It is alleged the workers are owed a total of $5,582.
It is also alleged that Ms Corben breached the Fair Work Act by providing false and misleading pay slips to the workers.
Acting Fair Work Ombudsman Michael Campbell 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,” Mr Campbell said.
“Employers also need to be aware that taking action to protect young workers is among our top priorities. The law also demands that all employees be given accurate payslips.
“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. Ms Corben faces a penalty of up to $8,250 for the alleged failure to comply with the Compliance Notice and a penalty of up to $13,320 for the alleged pay slips contravention.
The regulator is also seeking orders for Ms Corben to rectify the alleged underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 24 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. An interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a 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 and entitlements for employees under the Cleaning Award webpages.
