Sydney café in court
7 November 2022
This matter was discontinued in October 2022 after Martina Corp was placed into liquidation.
The Fair Work Ombudsman has commenced legal action against a company that operates a café in Sydney.
Facing court is Martina Corp Pty Ltd, which operates ‘Bare Witness’ in Rhodes.
The regulator began an investigation after receiving a request for assistance from a migrant worker, on a temporary graduate visa, who had been employed as a full-time cook at the café between July 2020 and March 2021.
A Fair Work Inspector issued a Compliance Notice to Martina Corp Pty Ltd in June 2021 after forming a belief that the worker had not been paid all entitlements owed under the Restaurant Industry Award 2020 and the National Employment Standards.
It is alleged the worker was paid an hourly flat rate of $21.54, resulting in the underpayment of his full-time minimum wage, overtime rates, penalty rates for weekend and public holiday work, meal break entitlements and annual leave entitlements.
The Fair Work Ombudsman alleges Martina Corp Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
Martina Corp Pty Ltd faces a maximum penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice.
FWO is also seeking an order for Martina Corp 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 Sydney on 20 May 2022.
Information is available on our website for visa holder workers and employees and employers in fast food, restaurants and cafes.
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.
