Mr Redmond started his cleaning business in Wagga. Photo: Pexels/File.
Federal government workplace regulator the Fair Work Ombudsman (FWO) has commenced legal action against a former Wagga-based cleaning operator for allegedly underpaying 12 workers a total of more than $22,000 and allegedly falsifying pay slips.
Scott John Redmond, who formerly owned and operated a company trading as Cleaning Excellence, will face the Federal Circuit and Family Court over the allegations.
According to his website, Mr Redmond started Cleaning Excellence in Wagga in 2011 before moving to the Central Coast in 2013. He moved back to Wagga in 2018 and then settled on the Central Coast in 2020.
In a media statement, it was reported that this is the second time the FWO has taken legal action against Mr Redmond, with the regulator securing $17,190 in penalties in court against him in 2019.
In the latest case, it is alleged Fair Work inspectors found that Mr Redmond was involved in his company underpaying 12 cleaners a total of $22,411 between July 2019 and May 2022.
Some of the workers were engaged on a full-time basis and others were casuals. Four were young workers, aged between 20 and 23 at the time.
It is alleged Mr Redmond was involved in failing to pay some workers any wages for up to three weeks of work they performed, while variously underpaying other workers’ minimum wage rates, casual loading, night-shift penalty rates and a vehicle allowance.
Annual leave, public holiday and payment in lieu of notice of termination entitlements were allegedly also underpaid.
The entitlements were allegedly owed under the Cleaning Awards 2010 and 2020 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Mr Redmond was also involved in breaching the Fair Work Act by providing false or misleading pay slips to workers and failing to comply with a notice to produce records issued by Fair Work inspectors.
It is alleged that some of the breaches – relating to false or misleading pay slips and underpayment of minimum wages, casual loading and annual leave entitlements – are serious contraventions under the Protecting Vulnerable Workers laws because they were committed knowingly and systematically.
Serious contraventions attract a tenfold increase in available maximum penalties.
Fair Work Ombudsman Anna Booth said the alleged breaches were unacceptable.
“We are committed to using all our powers to ensure that employers who allegedly deliberately or systematically breach the law face significant consequences,” Ms Booth said.
“It is disappointing that the alleged conduct means we now need to take Mr Redmond to court a second time, but workers’ rights must be respected and will be enforced.
“Employers should also be aware that taking action to protect vulnerable young workers is an enduring priority for the FWO.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO is seeking penalties in court. For the alleged serious contraventions, Mr Redmond faces penalties of up to $133,200 per breach. For the other alleged contraventions, he faces penalties of up to $13,320 per breach.
The regulator is also seeking an order requiring Mr Redmond to pay compensation to rectify the alleged underpayments.
The Fair Work Ombudsman investigated after receiving requests for assistance from workers.
A hearing on the matter is listed in the Federal Circuit and Family Court in Sydney on 15 August.
Employers and employees can visit the Fair Work website or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Employees can also seek information from their employer or their union, if they are a union member.
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