Fair Work Ombudsman
Citation: FWO-2022-02-15-wildernis-cn-litigation-media-release
At a glance
- Respondent
- Wildernis Pty Ltd
- Penalty
- $7,985
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman commenced legal action against Wildernis Pty Ltd, which operates Wildernis Cafe and Bar in Palm Beach, Gold Coast. The action follows a request for assistance from a worker who was employed as a cook from May 2019 to April 2020. A Fair Work Inspector issued a Compliance Notice in February 2021, alleging the worker was not paid the casual minimum wage, weekend penalty rates, and accrued annual leave on termination. The company initially agreed the worker was owed $7,985.10 and made a partial payment of $1,330.85 but failed to make further payments.
What was decided
The Fair Work Ombudsman is seeking a penalty against Wildernis Pty Ltd for failing to comply with the Compliance Notice. The company faces a maximum penalty of $33,300. The FWO is also seeking an order for the company to back-pay an estimated $6,654.25 (less tax) to the worker, plus interest and superannuation. A hearing is scheduled for May 2022 in the Federal Circuit and Family Court in Brisbane.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and orders to back-pay entitlements. Employers should ensure they are accurately calculating and paying all employee entitlements, including wages, penalty rates, and annual leave.
What it means for employees
Employees who believe they have not received their correct entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman can investigate and enforce workplace laws to protect employee rights.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/february-2022/20220215-wildernis-cn-litigation-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The full dataset, with structured fields for awards cited, industry, penalty amounts and affected employee counts, is available through the Business API. FairWork Mate AI answers plain-English questions grounded on the full corpus.
Individual case summaries on this site are free. API + AI access is a paid product. Contact us for pricing or a 50% off first month.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →