Bar operator penalised
The Fair Work Ombudsman has secured a $8,667 penalty in court against the former operator of a bar in Melbourne.
The Federal Circuit and Family Court has imposed the penalty against sole trader Tamer Yesilbas, who owned and operated The Dock Lounge at the Docklands, before it closed.
The penalty was imposed in response to Mr Yesilbas breaching pay slip laws and failing to comply with a Compliance Notice requiring him to back-pay an Italian visa holder he employed as a casual bar worker from December 2022 to January 2023.
In addition to the penalty, the Court has previously ordered Mr Yesilbas to back-pay the worker $1,932 in entitlements still owing to her. Mr Yesilbas had, after the Fair Work Ombudsman commenced legal proceedings, paid $2,000 to the worker that was also owed under 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 substantial penalties in addition to the need to back-pay workers,” Ms Booth said.
“Employers also need to be aware that taking action to protect migrant workers and improve compliance in the fast food, restaurants and cafés sector are among our top priorities.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Mr Yesilbas in July 2023 after forming a belief that the worker had been underpaid minimum wages, overtime entitlements and penalty rates for weekend and public holiday work, owed under the Restaurant Industry Award 2020.
In his judgment, Judge John O’Sullivan found that Mr Yesilbas’s failure to comply with the Compliance Notice was serious and undermined the legislation that serves to protect employees.
“As a result of the respondent's contraventions, the employee was not correctly paid their lawful entitlements for approximately 13 months and some still remain outstanding,” Judge O’Sullivan said.
His Honour found there was a need to impose penalties to deter Mr Yesilbas and other employers from similar contraventions in future.
“I accept that although the respondent is no longer operating the business the subject of these proceedings the ABN remains registered and is linked to six separate business names, and therefore because of this the respondent may be responsible for the engagement of employees and have obligations under the [Fair Work] Act in the future,” Judge O’Sullivan said.
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.
The FWO has resources on our website for visa holder workers, who have the same rights as all other workers, and whose visas can be protected when they seek help.
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. Employees can also seek information from their employer or their union, if they are a union 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 also has interactive tools to help employers and employees in the fast food, restaurants and cafés sector, and employers can also use the FWO’s pay calculator and Small Business Showcase.
