A former Core9 Fitness franchise operator is facing legal action brought by the Fair Work Ombudsman.
Facing court is the Sydney-based Core9 St Ives Pty Ltd. The business formerly operated the fitness franchise outlet in St Ives. Also facing legal action is the company’s sole director Kyle Arnold.
The regulator investigated an alleged case of unpaid leave entitlements totalling more than $6000 after a call from an employee. The FWO alleges the leave was accrued but untaken and was owed to the employee under National Employment Standards, at the end of her employment.
The staff member had been a full-time marketing assistant between February 2018 and March 2021.
FWO alleges Core9 St Ives failed to calculate and back-pay the entitlements, as outlined in a Compliance Notice issued in August 2021.
The FWO alleges Kyle Arnold was involved in the breach.
Acting Fair Work Ombudsman Mark Scully said “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,” Scully said.
Core9 St Ives Pty Ltd faces a penalty of up to $33,300. Arnold faces a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice.
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.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 17 June 2022.
