Take-away food outlet operators in court
The Fair Work Ombudsman has commenced legal action against the operators of a take-away food outlet in Melbourne.
Facing court are The Carers Portland Inc, which operates ‘HCM Café Fresh Q Lunch’ based at Dandenong South, and its secretary, Thi Hai Duong Luong.
The regulator began an investigation after receiving a request for assistance from a worker who had been employed at the outlet between January and May, 2021.
A Fair Work Inspector issued a Compliance Notice to The Carers Portland Inc in December 2021 after forming a belief the worker was underpaid minimum wages, annual leave entitlements and pay-in-lieu-of-notice under the Fast Food Industry Award 2010 and the National Employment Standards.
The Fair Work Ombudsman alleges The Carers Portland Inc, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged Ms Luong was involved in the contravention.
It is alleged that the worker is owed $1,879, plus superannuation.
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 penalties for the alleged failure to comply with the Compliance Notice. The Carers Portland Inc faces a penalty of up to $33,300 and Ms Luong faces a penalty of up to $6,660.
The regulator is also seeking an order for The Carers Portland Inc to comply with the Compliance Notice, which includes rectifying the alleged underpayment in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 8 November 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.
