The Fair Work Ombudsman has commenced legal action against the former operators of a barbershop in Melbourne.
Facing court are Razor’s Edge Barbershop Pty Ltd, which was based in Point Cook before it closed, and the company’s sole director, Salvatore Anselmo.
The regulator investigated after receiving requests for assistance from two workers who had been employed at the barbershop as part-time barbers for various periods between March 2018 and June 2021.
One worker, from Indonesia, was a visa holder at the time.
A Fair Work Inspector issued a Compliance Notice to Razor’s Edge Barbershop in March 2022 after forming a belief the workers had not been paid their accrued but untaken annual leave entitlements upon termination of employment, owed under the Fair Work Act’s National Employment Standards.
It is alleged that Razor’s Edge Barbershop has only partially back-paid the workers.
The FWO alleges Razor’s Edge Barbershop, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the workers’ entitlements in full. It is alleged Mr Anselmo was involved in the contravention.
Fair Work Ombudsman Sandra Parker 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.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
The FWO is seeking penalties for the alleged failure to comply with the Compliance Notice. Razor’s Edge Barbershop Pty Ltd faces a penalty of up to $33,300 and Mr Anselmo faces a penalty of up to $6,660.
The regulator is also seeking a court order for Razor’s Edge Barbershop to comply with the Compliance Notice, which includes rectifying the alleged underpayments in full, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 20 March 2023.