The Fair Work Ombudsman, Australia’s workplace regulator, has commenced legal action against a former recruitment company and its general manager.

The recruitment firm, Back Your Cause Pty Ltd, which traded as ‘BYC Recruitment’ in Bundall, Queensland before it ceased operating, and the company’s general manager, Aaron Murray, are facing the court.

The regulator investigated after receiving a request for assistance from a worker the company employed as a full-time business development manager between July 2020 and November 2021.

A Fair Work Inspector issued a compliance notice to Back Your Cause in July 2022 after forming a belief the company had not paid the worker any wages for the final month of work she performed, owed under the National Minimum Wage Order 2021.

The inspector also believed that the worker was not paid accrued but untaken annual leave entitlements at the end of her employment, owed under the Fair Work Act’s National Employment Standards.

The Fair Work Ombudsman alleges Back Your Cause Pty Ltd, without reasonable excuse, failed to comply with the compliance notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Murray 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.

The Ombudsman is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Back Your Cause Pty Ltd faces a penalty of up to AUD 33,300 (USD 22,277) and Murray faces a penalty of up to AUD 6,660 (USD 4,455).

In addition, the regulator is seeking a court order for Back Your Cause to rectify the alleged underpayments in full, plus superannuation and interest.

The regulator recently announced that it has appointed Anna Booth as Fair Work Ombudsman. Parker’s term will end on 14 July 2023. In the period between then and the commencement of Booth on 1 September 2023, Kristen Hannah, Deputy Fair Work Ombudsman, Policy and Communication, will be the Acting Fair Work Ombudsman.