Former bar operator in court
The Fair Work Ombudsman has commenced legal action against the former operator of a bar in Melbourne.
Facing court is sole trader Tamer Yesilbas, who owned and operated The Dock Lounge at the Docklands, before it closed.
The regulator investigated after receiving a request for assistance from an Italian visa holder Mr Yesilbas employed as a casual bar worker from December 2022 to January 2023.
A Fair Work Inspector issued a Compliance Notice to Mr Yesilbas in July 2023 after forming a belief the worker was underpaid minimum wages, overtime entitlements, and penalty rates for weekend and public holiday work, owed under the Restaurant Industry Award 2020.
The Fair Work Ombudsman alleges Mr Yesilbas, without reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the worker’s entitlements. It is alleged that the amount Mr Yesilbas was required to pay to comply with the Compliance Notice was $3,932.
A breach of pay slip laws is also alleged.
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 and make payments to workers,” Ms Booth said.
“Employers also need to be aware that taking action to protect visa holder workers is among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court. Mr Yesilbas faces a penalty of up to $9,390 for the alleged failure to comply with the Compliance Notice and a penalty of up to $18,780 for the alleged pay slip breach.
The regulator is also seeking an order for Mr Yesilbas to pay the amount allegedly owing to the employee, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 14 February 2025.
The Fair Work Ombudsman filed 146 litigations against employers involving visa holder workers, and secured nearly $23 million in penalties in cases that have included visa holder workers, in the seven financial years to June 2024.
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. Employees can also seek information from their employer or their union, if they are a member.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
The FWO has resources on our website for visa holder workers – who have the same workplace rights as any other workers.
The FWO also has interactive tools to help employers and employees in the fast food, restaurant and café sector, and employers can also use FWO’s pay calculator and Small Business Showcase.
