Former burger outlet operators face court
The Fair Work Ombudsman has commenced legal action against the former operators of a burger outlet in Melbourne’s south-east.
Facing court are Benny842 Pty Ltd, which operated a restaurant trading as ‘Burger Boss’, in Pakenham until it ceased trading in 2020, and former company director Shane Dharmatilake.
The regulator investigated after receiving a request for assistance from a young worker who had been employed as a full-time food and beverage attendant at the restaurant between June and October 2020, when he was aged 20.
A Fair Work Inspector issued a Compliance Notice to Benny842 Pty Ltd in December 2020 after forming a belief the worker had not been paid all entitlements owed under the Restaurant Industry Award 2020 and the Fair Work Act.
It is alleged the worker was underpaid the minimum wage rate, overtime rates, penalty rates for weekend and public holiday work, and accrued but untaken annual leave entitlements when his employment ended.
The Fair Work Ombudsman alleges Benny842 Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Mr Dharmatilake was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“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,” Ms Parker said.
The Fair Work Ombudsman is seeking penalties. Benny842 Pty Ltd faces a penalty of up to $33,300 and Mr Dharmatilake 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 Benny842 Pty Ltd to comply with the Compliance Notice, which includes rectifying the alleged underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 25 July 2022.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase and information is available for employees and employers in fast food, restaurants and cafes.
