Former restaurant operators penalised
The Fair Work Ombudsman has secured a total of $19,980 in penalties in court against the former operators of a restaurant in Melbourne.
The Federal Circuit and Family Court has imposed a $16,650 penalty against Absolute Thai Melbourne Pty Ltd, which operated a restaurant that traded as Wokks in Carlton, and a $3,330 penalty against company director Ronald Nah.
The penalties were imposed in response to Absolute Thai Melbourne Pty Ltd failing to comply with Compliance Notices requiring the back-payment of entitlements to a worker employed at the restaurant as a food and beverage attendant on a casual basis from July 2019 to July 2020. Mr Nah was involved in the contraventions.
The Court has also ordered the company to comply with the Compliance Notice by back-paying the worker in full.
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.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sector continues to be a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The regulator investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued two Compliance Notices to Absolute Thai Melbourne Pty Ltd in September 2020 after forming a belief that the worker had not been paid all entitlements owed under the Restaurant Industry Award 2010 and the Restaurant Industry Award 2020.
The inspector formed a belief that the worker was underpaid the minimum wage, casual loading, and weekend and public holiday penalty rates.
Judge Catherine Symons found that there was a need to impose a penalty that deterred others from similar conduct and helped to ensure compliance with minimum standards.
“The penalty that is imposed must be fixed at a rate which is meaningful and acts as a deterrent so that other companies (including those that operate in the café and restaurant industry) have a real incentive to comply,” Judge Symons said.
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 in the workplace. An interpreter service is available on 13 14 50.
The website includes targeted resources for small businesses in the Small Business Showcase.
