The Fair Work Ombudsman has secured a $5,328 penalty in court against the former operator of a restaurant on the South Coast of New South Wales.
The Federal Circuit and Family Court has imposed the penalty against sole trader Shannon Duncan, who operated a restaurant that traded as Paddock to Platter in Wollongong until it closed.
The penalty was imposed in response to Mr Duncan failing to comply with a Compliance Notice requiring him to back-pay a worker he employed as a casual food and beverage attendant from May to December, 2021.
In addition to the penalty, the Court has ordered Mr Duncan to take the action required by the Compliance Notice, which includes rectifying the underpayment in full, plus interest and superannuation.
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. Employers who fail to act on these notices risk facing penalties and back-pay orders,” Ms Booth said.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sector is among our top priorities.
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 Mr Duncan in April 2022 after forming a belief that the worker had been underpaid minimum wages, and weekend penalty rates, under the Restaurant Industry Award 2020.
