Former burger outlet operators face court
15 February 2023
In February 2023 the Federal Circuit and Family Court issued orders declaring that Barbkey We Pty Ltd contravened the Fair Work Act by failing to comply with the Compliance Notice and that Mr Barbagallo was involved in the contravention. Barbkey We Pty Ltd back-paid all entitlements owing after the Fair Work Ombudsman commenced legal action.
The Fair Work Ombudsman has commenced legal action against the former operators of two Brisbane burger outlets.
Facing court are Barbkey We Pty Ltd, which previously operated ‘DA Burger’ outlets in West End and New Farm, and the company’s sole director Joseph Gerard Barbagallo.
The regulator audited the outlets as part of surprise inspections in key food precincts in Brisbane in December 2021.
A Fair Work Inspector issued a Compliance Notice to Barbkey We Pty Ltd in April 2022 after forming a belief that 16 food-and-beverage and kitchen attendants at the outlets, including two young workers aged 19 and 20, had been underpaid.
The inspector formed a belief the workers were underpaid casual minimum wages and weekend penalty rates, under the Restaurant Industry Award 2020, between February and December 2021.
The Fair Work Ombudsman alleges Barbkey We Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required the company to back-pay the workers’ outstanding entitlements. It is alleged Mr Barbagallo was involved in the contravention.
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.”
The Fair Work Ombudsman is seeking penalties against Barbkey We Pty Ltd and Mr Barbagallo for allegedly failing to comply with the Compliance Notice. The company faces a penalty of up to $33,300 and Mr Barbagallo faces a penalty of up to $6,660.
The regulator is also seeking an order for Barbkey We Pty Ltd to comply with the Compliance Notice, including rectifying the alleged underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 12 December 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.
