Former Lakes Entrance café operator in court

9 February 2024

The Fair Work Ombudsman discontinued these proceedings in February 2024.

25 January 2024

The Fair Work Ombudsman has commenced legal action against the former operator of a café in eastern Victoria.

Facing court is sole trader Linda Mary Fielden who formerly operated The Lakes Boatshed Café in Lakes Entrance.

The regulator investigated after receiving a request for assistance from a worker Ms Fielden employed in a waitstaff role between November 2016 and March 2022.

The worker was employed on a casual basis before moving to part-time for the last 12 months of her employment period.

A Fair Work Inspector issued a Compliance Notice to Ms Fielden in August 2022 after forming a belief the worker was underpaid entitlements owed under the Restaurant Industry Award 2010, Restaurant Industry Award 2020, and the Fair Work Act’s National Employment Standards.

The inspector formed a belief that the worker was underpaid casual public holiday penalty rates, part-time public holiday penalty rates, part-time minimum wages, annual leave loading and personal leave entitlements, and was not paid accrued but untaken annual leave entitlements at the end of her employment.

The Fair Work Ombudsman alleges Ms Fielden, without reasonable excuse, failed to comply with the Compliance Notice, which required her to calculate and back-pay the worker’s entitlements. It is alleged the worker has been only partially back-paid.

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 also need to be aware that taking action to improve compliance in the fast food, restaurant and café sectors 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 for the alleged failure to comply with the Compliance Notice. Ms Fielden faces a penalty of up to $6,660. The regulator is also seeking orders for Ms Fielden to rectify the alleged underpayment in full, plus interest.

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 8 February 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. An interpreter service is available on 13 14 50.

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 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.

NOTE: The Lakes Boatshed Café now has new operators. The Fair Work Ombudsman makes no allegations against the current operators of the business.

Follow the Fair Work Ombudsman @fairwork_gov_au or find us on Facebook www.facebook.com/fairwork.gov.au.

Sign up to receive the Fair Work Ombudsman’s media releases direct to your email inbox at www.fairwork.gov.au/emailupdates.

Media inquiries:

Danna, 0499 261 162, media@fwo.gov.au