Palm Beach café in court
The Fair Work Ombudsman has commenced legal action against the operator of a cafe located in Palm Beach on the Gold Coast.
Facing court is Wildernis Pty Ltd, which operates Wildernis Cafe and Bar.
The FWO commenced an investigation after receiving a request for assistance from a worker employed at the café as a cook from May 2019 to April 2020.
A Fair Work Inspector issued a Compliance Notice to Wildernis Pty Ltd in February 2021 after forming a belief the worker had not been paid all entitlements owed under the Restaurant Industry Award 2010 and the National Employment Standards.
The inspector formed a belief the worker, while employed as a casual, was not paid the casual minimum wage and weekend penalty rates, and when employed as a full-time employee was underpaid their accrued but unused annual leave on termination and pay in lieu of notice of termination.
The FWO alleges the company, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s outstanding entitlements in full.
In June 2021, Wildernis Pty Ltd agreed the former employee was owed $7,985.10. They paid the worker $1,330.85 (less applicable tax) that month but made no further payments.
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 FWO is seeking a penalty against Wildernis Pty Ltd. The company faces a maximum penalty of $33,300.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes making back-payments of an estimated $6,654.25 (less applicable tax) to the worker, plus interest and superannuation.
A hearing is listed in the Federal Circuit and Family Court in Brisbane on 10 May 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.
