The former operator of a Melbourne dental practice has been penalised $5355 and ordered to backpay a former 457 visa-holder $32,889 plus interest, following legal action by the Fair Work ombudsman.
The Federal Circuit Court imposed the penalty and back-payment order against Dr Ari Masters, who formerly operated the No Brace Centre dental clinic in the Melbourne CBD.
Last year, the regulator took No Brace Centre Pty Ltd and Dr Masters to court after No Brace failed to comply with a Compliance Notice requiring the dental clinic to backpay a Chinese employee who had been underpaid over a two-year period.
“As recently announced, Fair Work inspectors are increasingly using Compliance Notices to address underpayments and we will not tolerate them being ignored,” Fair Work ombudsman Sandra Parker said.
“The clear message to employers is that if you don’t comply with the terms of a Compliance Notice, we won’t hesitate from taking you to court to enforce them and seek additional penalties.”
It is the second time the FWO has commenced legal action against Dr Masters. In 2015, the Fair Work ombudsman alleged that a Korean dental technician on a 457 visa at the No Brace Centre clinic in the Melbourne CBD was underpaid more than $66,000. The matter is still before the court.