The Fair Work Ombudsman has commenced legal action against a former operator of a pizza outlet in South Australia’s Barossa Valley region for a second time.
Facing court is Ziad Andary, a former operator of ‘The Valley Pizza’ outlet in Nuriootpa.
The regulator investigated after receiving a request for assistance from a worker who had been employed as a casual fast food employee at the outlet between December 2018 and August 2019.
A Fair Work Inspector issued a Compliance Notice to Mr Andary in July 2021 after forming a belief that the worker had been underpaid entitlements under the Fast Food Industry Award 2010.
The inspector believed the worker, aged 24 at the time, had been underpaid the applicable casual rate of pay and penalty rates for late-night and weekend work.
The FWO alleges that Mr Andary, without reasonable excuse, failed to comply with the Compliance Notice. The notice required him to calculate and back-pay the worker’s entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to take business operators 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.”
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance,” Ms Parker said.
Mr Andary faces a maximum penalty of up to $6,660 for allegedly failing to comply with a Compliance Notice.
The Fair Work Ombudsman is also seeking a court order for Mr Andary to take the action required by the Compliance Notice, including calculating and rectifying any underpayment in full, plus superannuation and interest.
A directions hearing has been listed in the Federal Circuit and Family Court in Adelaide on 3 May 2022.
It is the second time the Fair Work Ombudsman has taken legal action against Mr Andary. In November 2021, Mr Andary was penalised $3,500 in court for failing to comply with a Compliance Notice requiring him to calculate and back-pay entitlements owed to a worker formerly employed at The Valley Pizza.
