16 June 2023

The Fair Work Ombudsman has commenced legal action against the former operators of a Gami Chicken & Beer franchisee outlet in Melbourne’s south-east.

Facing court are Vanna Taing and Brandon Bui, who formerly operated the ‘Gami-Southland’ outlet at the Westfield Southland Shopping Centre in Cheltenham, and Gary Lai, who performed a human resources role for the business.

The FWO first investigated Gami-Southland as part of surprise audits of Gami Chicken & Beer stores across Melbourne, Sydney and Perth in 2019.

It is alleged that during that investigation, Mr Taing, Mr Bui and Mr Lai were involved in knowingly providing false pay slips to a Fair Work Inspector purporting to show that three workers were paid higher rates than they actually had been.

The FWO commenced a second investigation into Gami-Southland in 2021 after receiving requests for assistance from workers who had worked at the restaurant.

A Fair Work Inspector issued a Compliance Notice to Mr Taing and Mr Bui in October 2022 after forming a belief that 16 kitchen and wait staff had not been paid any wages and entitlements for work performed over a three-week period before their franchisee licence was terminated in 2021 and the restaurant closed.

The inspector formed a belief the workers were underpaid minimum wages, penalty rates, casual loadings, annual leave entitlements and payment-in-lieu-of-notice-of-termination entitlements, owed under the Restaurant Industry Award 2010 and the Fair Work Act’s National Employment Standards.

The workers included two young workers, aged 17 at the time, and a number of visa holders, including workers from Vietnam and Korea.

The Fair Work Ombudsman alleges Mr Taing and Mr Bui, without reasonable excuse, failed to comply with the Compliance Notice, which required them to calculate and back-pay the workers’ entitlements in full. It is alleged workers have been partially back-paid but that more than $40,000 is owing.

Acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.

“Employers also need to be aware that providing false records is serious and unacceptable conduct,” Ms Hannah said.

“Enforcing compliance in the restaurant industry and taking action to protect vulnerable workers, like visa holders and young workers, continue to be priorities for the agency. Any employees with concerns about their pay or entitlements should contact the FWO for free assistance.”

The FWO also alleges Mr Taing and Mr Bui committed a further breach by failing to make and keep records relating to termination of employment.

The FWO is seeking penalties. In relation to the alleged false records, Mr Taing, Mr Bui and Mr Lai each face a penalty of up to $13,320.

In addition, Mr Taing and Mr Bui each face a penalty of up to $6,660 for their alleged failure to comply with the Compliance Notice and a penalty of up to $13,320 for the alleged failure to make and keep termination records.

FWO is also seeking an order for Mr Taing and Mr Bui to take the steps required by 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 Melbourne on 3 August 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 visa holders, young workers and students and fast food, restaurants & cafés webpages.

The Fair Work Ombudsman has an agreement with the Department of Home Affairs, called the Assurance Protocol, where visa holders with work rights can ask for help without fear of visa cancellation. Details are at our visa protection webpage.