Fair Work Ombudsman
Citation: FWO-2026-02-02-well-health-cn-penalty-media-release
At a glance
- Respondent
- Well Health Medical Services Pty Ltd
- Penalty
- $36,000
- Employees affected
- 1
What happened
Well Health Medical Services Pty Ltd, formerly operating Well Health Medical Hub in Merrylands, Sydney, and its sole director, the Respondent, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Inspector issuing a Compliance Notice in December 2023 regarding underpayments to a full-time registered nurse employed between October 2020 and September 2023. The Applicant sought assistance from the Fair Work Ombudsman. The Compliance Notice related to alleged breaches of the Nurses Award 2020 and the Fair Work Act’s National Employment Standards, including underpayment of minimum wages, annual leave loading, accrued but untaken annual leave, and the worker’s last 46 hours of work.
What was decided
The Court imposed a $30,000 penalty on Well Health Medical Services Pty Ltd and a $6,000 penalty on the Respondent for failing to comply with the Compliance Notice. The company must now rectify any underpayments, plus superannuation and interest. The Court found the failure to comply was deliberate and that the Respondent was an intentional participant. Judge Papadopoulos emphasized the importance of complying with Compliance Notices and warned of significant consequences for non-compliance. The Fair Work Ombudsman stressed the importance of employers acting on Compliance Notices and the availability of free assistance for employees with pay concerns.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and the obligation to rectify underpayments. Directors can be held personally liable for breaches. Engaging meaningfully with the Fair Work Ombudsman is crucial.
What it means for employees
Employees experiencing concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman offers free online courses and resources for employers and employees to understand workplace rights and obligations.
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https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/february-2026/20260202-well-health-cn-penalty-media-releaseWant more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →