The former operators of a western Sydney medical centre have been ordered to pay $36,000 in penalties after failing to address alleged underpayments to a registered nurse.

As per Fair Work, the Federal Circuit and Family Court imposed a $30,000 fine on Well Health Medical Services Pty Ltd, which previously ran the Well Health Medical Hub in Merrylands, and a further $6,000 penalty on its sole director, Irfan Khan.

The case stemmed from the company’s failure to comply with a Fair Work Ombudsman Compliance Notice requiring it to calculate and repay wages and entitlements owed to a full-time nurse employed between October 2020 and September 2023.

It is reported that the court found Mr Khan was directly involved in the breach.

Alongside the penalties, the court ordered the company to comply with the notice, including correcting any underpayments and paying outstanding superannuation and interest.

Fair Work Ombudsman Anna Booth said employers who ignored compliance notices risked facing court action in addition to being required to back-pay workers.

“Where employers do not comply, we will take appropriate action to protect employees. Courts can impose penalties on businesses and order payments to workers.”

Ms Booth also encouraged workers with concerns about pay or entitlements to contact the Fair Work Ombudsman for free assistance.

The regulator launched its investigation after receiving a request for help from the affected nurse. A Fair Work inspector issued the compliance notice in December 2023, after forming the view the company had breached the Nurses Award 2020 and the National Employment Standards under the Fair Work Act.

The inspector believed the nurse had been underpaid minimum wages and annual leave loading, was not paid for accrued but unused annual leave when her employment ended, and was also unpaid for her final 46 hours of work.

In his ruling, Judge Peter Papadopoulos found the company’s failure to comply with the notice was deliberate and described Mr Khan as an “intentional participant” in the breach. He also noted neither the company nor its director had shown any contrition.

Judge Papadopoulos said penalties were necessary to deter the respondents and other employers from similar conduct, warning that compliance with statutory notices was not optional and that failing to engage properly with regulators would attract serious consequences.

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