Former Sydney cafe operators in court
The Fair Work Ombudsman has commenced legal action against the former operator of a cafe in Sydney’s inner west.
Facing court are MT Infinity Pty Ltd, which operated Flow Cafe in Marrickville, and the company’s sole director, Miah Golam Tareque.
The regulator investigated after receiving requests for assistance from two workers, a married couple, MT Infinity employed at the cafe in full-time roles for various periods between April 2019 and October 2021.
One worker was employed as a waiter and the other as a cook.
A Fair Work Inspector issued a Compliance Notice to MT Infinity in May 2022 after forming a belief that the workers had been underpaid minimum wages, owed under the Restaurant Industry Award 2020.
The inspector also formed a belief that the workers were not paid accrued but untaken annual leave entitlements at the end of their employment, owed under the Fair Work Act’s National Employment Standards.
The FWO alleges MT Infinity, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the workers’ entitlements. It is alleged that Mr Tareque was involved in the contravention.
Acting Fair Work Ombudsman Mark Scully 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,” Mr Scully said.
“Employers should also be aware that taking action to improve compliance in the fast food, restaurant and cafe sector is a priority for the FWO. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties for the alleged failure to comply with the Compliance Notice. MT Infinity faces a penalty of up to $33,300 and Mr Tareque faces a penalty of up to $6,660.
The regulator is also seeking a court order for MT Infinity to take the steps set out in the Compliance Notice, which includes rectifying the alleged underpayments in full, plus superannuation and interest.
The café is no longer operating.
The first directions hearing is listed in the Federal Circuit and Family Court in Sydney on 8 September 2023.
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 and information is available for employees and employers at our fast food, restaurants & cafés webpage.
