The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the operator of a café in Echuca.
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Facing court is Hospitality 3564 Pty Ltd, which operates 'Café 3564' in Echuca, and the company's sole director David Bowman.
The regulator investigated after receiving a request for assistance from a worker who was employed as a cook at the café between July 2017 and September 2019.
The worker, from China and aged in his 20s, was a visa-holder at the time.
A Fair Work Inspector issued a Compliance Notice to Hospitality 3564 Pty Ltd in October 2020 after forming a belief the worker had not been paid all entitlements owed.
The inspector formed a belief the worker had been underpaid a total of $45,731.29 in minimum wage rates, overtime, penalty rates, meal break penalties and a split-shift allowance under the Restaurant Industry Award 2010.
The Compliance Notice required the company to rectify the alleged underpayment in full, and to calculate and back-pay additional annual leave and superannuation entitlements believed to be owed to the worker.
The Fair Work Ombudsman alleges Hospitality 3564 Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice. It is alleged Mr Bowman was involved in the contravention.
Acting Fair Work Ombudsman Kristen Hannah said the regulator would continue to enforce workplace laws in a proportionate manner during the COVID-19 pandemic and 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 Hannah said.
The FWO is seeking penalties for the alleged failure to comply with the Compliance Notice. Hospitality 3564 Pty Ltd faces a maximum penalty of $33,300 and Mr Bowman faces a maximum penalty of $6,600.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 21 October 2021.
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Peter Kennedy
Peter has worked in a variety of senior leadership roles within the local media industry across more than three decades, and enjoys being part of a team committed to keeping Bendigo up to date with the latest news and sport.
Peter has worked in a variety of senior leadership roles within the local media industry across more than three decades, and enjoys being part of a team committed to keeping Bendigo up to date with the latest news and sport.
