Fair Work Ombudsman takes former fitness centre operator to court

The Fair Work Ombudsman advises it has commenced legal action against the former operators of a fitness centre in Sydney.

Facing court are Core9 St Ives Pty Ltd, which formerly operated a Core9 Fitness franchise outlet in St Ives, and the company’s sole director Kyle Arnold.

The FWO is seeking penalties. Core9 St Ives Pty Ltd faces a penalty of up to $33,300 with Arnold facing a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.

The regulator investigated after receiving a request for assistance from a worker who had been employed by Core9 St Ives Pty Ltd as a full-time marketing assistant between February 2018 and March 2021.

A Fair Work Inspector issued a Compliance Notice to the company in August 2021 after forming a belief that the worker had not been paid more than $6000 in accrued but untaken annual leave entitlements, owed under the National Employment Standards, at the end of her employment.

The FWO alleges Core9 St Ives, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s outstanding entitlements. It is alleged Arnold was involved in the contravention.

The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes rectifying the alleged underpayment in full, plus interest.

Acting Fair Work Ombudsman Mark Scully said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.

Scully notes “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.”

A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 17th June 2022.

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

Image: Core9 St Ives Instagram