Milk bar operators penalised
The Fair Work Ombudsman has secured $11,990 in penalties in court against the operators of a milk bar in Victoria’s Bellarine Peninsula area.
The Federal Circuit and Family Court has imposed a $9,990 penalty against Double Hao International Pty Ltd, which operates ‘The Springs Milkbar’ at Clifton Springs, east of Geelong, and a $2,000 penalty against company director Rong Liu.
The penalties were imposed in response to Double Hao International failing to comply with a Compliance Notice requiring it to calculate and back-pay entitlements owing to a worker it employed as a retail worker between March 2018 and November 2020.
Mr Liu was involved in the contravention.
The Court has also ordered that $3,970 of the penalty imposed on Double Hao International be paid to the worker, which was the amount estimated to be the loss suffered by the worker because Double Hao failed to comply with the Compliance Notice.
Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
“When Compliance Notices are not followed, we will continue to take legal action to protect employees. Employers who fail to act on these notices risk penalties and back-pay orders,” Ms Booth said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Double Hao International in August 2021 in response to the company underpaying the worker’s minimum casual wages and loadings under the General Retail Industry Awards 2010 and 2020.
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.
Small businesses can find targeted resources at the Small Business Showcase.