Fair Work Ombudsman launches legal action against Tamworth's hairdressing business and company director Juanita Poleniak

Legal proceedings have been launched in the Federal Circuit Court against Advanced North West Holdings Pty Ltd, which trades in Tamworth Shoppingworld in West Tamworth.

The company's director Juanita Poleniak is also being prosecuted, after an investigation into a former staff member who was employed as a casual hairdresser last year.

A spokesperson for the FWO confirmed an inspector issued a compliance notice to the company in December 2020 "after forming a belief the employee had been underpaid minimum wages for ordinary hours and Sunday penalty rates".

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The inspector said the money was owed under the Hair and Beauty Industry Award 2010, for work the woman performed between October 25 and November 16, last year.

The FWO alleges the company, without reasonable excuse, failed to comply with the compliance notice which required it to calculate and back pay the employee's outstanding entitlements.

The FWO said regulation rules during the pandemic meant the office made several attempts to get the business and director to undertake voluntary compliance, but when it failed, it launched legal action.

The case has now been listed for a directions hearing in the Federal Circuit Court in Sydney on August 3.

If convicted, the business faces a fine of up to $33,300, while Ms Poleniak individually faces penalties of up to $6,660, if found guilty.

The FWO is also seeking a court order for the business to comply with the compliance notice to back pay the staffer in full with superannuation and interest.

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.

"Compliance Notices are important tools used by inspectors to deal with apparent contraventions of the Fair Work Act or industrial instruments, most typically Modern Awards," she said.

"Where employers do not respond to or comply with these notices, we will take appropriate enforcement action to protect employees. A court can order a business to pay penalties for not complying with such a notice, in addition to back-paying workers as appropriate."

"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."

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