31 August 2023

The Fair Work Ombudsman has commenced legal action against the former operators of two restaurants in the Brisbane CBD.

Facing court are Il Roy Pty Ltd, which operated ‘Cha Cha Char’ and ‘Il Centro’ on the Eagle Street Pier, and the company’s sole director and shareholder, Bingqi Zhao.

The regulator investigated after receiving requests for assistance from five workers who were employed at the restaurants in full-time roles for various periods between January 2015 and December 2020.

The workers included an office manager, bar manager, restaurant manager and two head chefs.

A Fair Work Inspector issued a Compliance Notice to Il Roy in March 2022 after forming a belief all five workers were not paid their accrued but untaken annual leave entitlements at the end of their employment, owed under the Fair Work Act’s National Employment Standards.

It is also alleged that four of the workers were also not paid payment-in-lieu-of-notice-of-termination and redundancy entitlements at the end of their employment.

It is alleged that the five workers were underpaid a total of $99,132.

The Fair Work Ombudsman alleges Il Roy, without reasonable excuse, failed to comply with the Compliance Notice, which required it to back-pay the workers’ entitlements. It is alleged Mr Zhao was involved in the contravention.

Acting Fair Work Ombudsman Mark Scully 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,” Mr Scully 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 Il Roy Pty Ltd and Mr Zhao for allegedly failing to comply with the Compliance Notice. The company faces a penalty of up to $33,300 and Mr Zhao faces a penalty of up to $6,660.

The regulator is also seeking an order for Il Roy to rectify the alleged underpayments in full, plus interest.

A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 2 November 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 about their rights and obligations in the workplace. 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.