Former western Sydney restaurant operators in court
12 March 2024
The Fair Work Ombudsman discontinued proceedings against Mr Abdulibdeh on 28 February 2024. Proceedings against King’s Fusion Pty Ltd continue.
The Fair Work Ombudsman has commenced legal action against the former operators of a western Sydney restaurant that specialised in Middle Eastern cuisine.
Facing court are King’s Fusion Pty Ltd, which operated “Bayt Al Tanoor” in Yagoona before it closed, and the company’s sole director, Najeeb Abdulibdeh.
The regulator investigated after receiving a request for assistance from a worker who was employed at the restaurant as a casual food and beverage attendant between March and June 2021.
A Fair Work Inspector issued a Compliance Notice to King’s Fusion in April 2022 after forming a belief the worker was underpaid casual minimum wages, overtime entitlements and weekend penalty rates, owed under the Restaurant Industry Award 2020.
The Fair Work Ombudsman alleges King’s Fusion, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. A breach of pay slip laws is also alleged.
It is alleged Mr Abdulibdeh was involved in the contraventions.
Fair Work Ombudsman Anna Booth 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,” Ms Booth said.
“Employers should also be aware that taking action to improve compliance in the fast food, restaurant and café 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. King’s Fusion faces a penalty of up to $33,300 and Mr Abdulibdeh faces a penalty of up to $6,660 for the alleged failure to comply with the Compliance Notice.
In addition, the company faces a penalty of up to $66,600 and Mr Abdulibdeh faces a penalty of up to $13,320 for the alleged breach of pay slip laws.
The regulator is also seeking an order for King’s Fusion to rectify the alleged underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 3 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.
