The Fair Work Ombudsman has secured $29,200 in penalties in court against the former operators of a café in northern Queensland.
The Federal Circuit and Family Court has imposed a $26,000 penalty against Smart Vision Developments (Qld) Pty Ltd, which operated Grand Central Cafe in Townsville’s Central Village precinct, and a $3,200 penalty against former company director John Atkinson. The café has ceased trading.
The penalties were imposed in response to Smart Vision Developments (Qld) Pty Ltd failing to comply with Compliance Notices requiring it to back-pay entitlements to two workers it employed as food and beverage attendants at the café from June to September 2020. Mr Atkinson was involved in the contraventions.
One of the workers was a junior, aged 19 when employed at the café.
The Court has also ordered the company to comply with the Compliance Notices, which includes back-paying the workers in full, 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 requests for assistance from the two affected workers.
A Fair Work inspector issued four Compliance Notices in March 2021 after forming a belief that the workers had been underpaid minimum wages, evening, weekend and overtime entitlements under the Restaurant Industry Award 2020, and payment-in-lieu-of-notice-of-termination and annual leave entitlements under the National Employment Standards.
