The Fair Work Ombudsman has secured a $28,000 penalty in court against the former operator of a Brisbane restaurant.
The Federal Circuit and Family Court has imposed the penalty against IP West Pty Ltd, which operated the London Spice Bulimba restaurant in Bulimba before the restaurant ceased trading.
The penalty was imposed in response to IP West Pty Ltd failing to comply with a Compliance Notice requiring it to back-pay entitlements to a worker it employed at the restaurant on a casual basis as a waitress between November 2020 and August 2021, when she was aged 18-19.
The Court has also ordered the company to comply with the Compliance Notice, which includes calculating and back-paying the worker’s outstanding entitlements, plus superannuation and interest.
Fair Work Ombudsman Sandra Parker said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.
“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Employers also need to be aware that taking action to protect young workers and to improve compliance in the fast food, restaurant and café sector continue to be priorities for the FWO. 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 the Compliance Notice in November 2021 after forming a belief that the worker had been underpaid her minimum hourly rate, casual loading and weekend penalty rates under the Restaurant Industry Award 2020.
