Former Townsville takeaway outlet operator penalised
The Fair Work Ombudsman has secured a $15,984 penalty in court against the former operator of a takeaway food business in Townsville, Queensland.
The Federal Circuit and Family Court has imposed the penalty against Vanessa Joan Housego, the former sole trader owner-operator of the business Riverway Burgers, which is no longer trading.
The penalty was imposed in response to Ms Housego failing to comply with Compliance Notices requiring the back-payment of entitlements to six workers who had been employed at Riverway Burgers.
Three of the workers were aged 18 or under when they were employed at the outlet, including one aged 15.
The Court has also ordered Ms Housego to fully comply with the Compliance Notices, including by back-paying all workers in full. To date, Ms Housego has partially back-paid only one worker.
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 requests for assistance from six workers employed at Riverway Burgers for various periods between March 2020 and August 2020.
A Fair Work Inspector issued four Compliance Notices to Ms Housego between July 2020 and February 2021 after forming a belief that the six workers had not been paid entitlements owed under the Fast Food Industry Award 2010 and Fair Work Act 2009.
The inspector formed a belief that two workers were not paid at all for work performed and that the other four workers were variously underpaid entitlements including minimum rates for ordinary hours, casual rates, and penalty rates for weekend and public holiday work.
Judge Gregory Egan found that Ms Housego “well knew of the contents of the Compliance Notices but failed to comply with them, or otherwise act so as to avoid litigation”.
Judge Egan found Ms Housego had not demonstrated any contrition and said there was “a need to specifically deter (Ms Housego) from engaging in the same or similar contravening conduct in the future”.
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. Small businesses can find resources at the Small Business Showcase.
