Physiotherapy business operator faces court

The Fair Work Ombudsman has elevated its compliance notices by approximately 113 per cent in 2020-21, with the aim to rapidly correct underpayments rather than proceeding to court action. However, the Ombudsman’s proceedings have increased by more than 40 per cent, setting up a division devoted to uncovering corporate misconduct.

The Ombudsman has recently commenced legal proceedings against M.X.S Australia Pty Ltd, trading as MedX Physio.

The Ombudsman began this investigation after they received a request for help from a former employee at the company. They had been a full-time support services employee between February and August 2020.

The Ombudsman provided the company with a compliance notice in February 2021, after the Ombudsman had come to the belief that the former employee had not been compensated for the entitlements they were owed under the Health Professionals and Support Services Award 2020.

The Fair Work Inspector alleged the employee was not paid their accrued but untaken annual leave, when leaving the company.

The Ombudsman asserts M.X.S. Australia failed to comply with the compliance notice, without reasonable excuse. The compliance notice obliged the company to determine and back pay the employee’s remaining entitlements.

The Ombudsman is pursuing a maximum penalty against M.X.S. Australia Pty Ltd, for $33,300.

The Ombudsman is also seeking court proceedings in the Federal Circuit and Family Court in Brisbane, for the company to compensate the employee the remaining entitlements, with the addition of interest.

Please reach out to our Workplace Relations Team on (07) 3872 2222 or at workplacerelations@amaq.com.au, if you have any further questions or queries about award compliance or workplace law.