Sydney cafe operators penalised
The Fair Work Ombudsman has secured a total of $13,586.40 in penalties in court against the operators of a café in Sydney.
The Federal Circuit and Family Court has imposed a $11,322 penalty against The Coffee Traders Group Pty Ltd, which operates ‘Coffee Trad3rs’ in Castle Hill, and $2,264.40 against the company’s sole director Mr Chien Huang Chen.
The penalties were imposed in response to The Coffee Traders Group failing to comply with a Compliance Notice requiring the calculation and back-payment of entitlements owed to a young worker who was employed at the café as a waitress. Mr Chen was involved in the contravention.
The company back-paid the worker $1,014.64 in entitlements, plus $146.20 in superannuation, only after the Fair Work Ombudsman commenced legal proceedings.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO commenced an investigation after receiving a request for assistance from the affected worker, who had been employed part-time at the café between July 2018 and June 2019, and on a casual basis in July-September 2019.
The worker was aged 18 to 20 years old at the time of her employment.
A Fair Work Inspector issued a Compliance Notice to The Coffee Traders Group in March 2021 after forming a belief the worker had not been paid entitlements owed under the Restaurant Industry Award 2010 and the Fair Work Act.
The inspector believed the worker had not been paid payment-in-lieu-of-notice-of-termination and accrued but untaken annual leave entitlements, including annual leave loading, on termination of her part-time employment in June 2019.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations. An interpreter service is available on 13 14 50.
Information is available on the website for young workers and employees and employers in fast food, restaurants and cafes and small businesses can find targeted resources in the Small Business Showcase.
