Fair Work Ombudsman
Citation: FWO-2022-03-09-welvin-kevin-penalty-media-release
At a glance
- Respondent
- Welvin and Kevin Pty Ltd
- Penalty
- $29,200
- Employees affected
- 5
- Awards cited
- MA000113
What happened
The Fair Work Ombudsman investigated Welvin and Kevin Pty Ltd, which operates the Salamanca Wharf Café in Hobart. An inspector issued a Compliance Notice in July 2020 after suspecting five workers were underpaid minimum wage rates and penalty rates between December 2018 and March 2020. The workers included a visa holder and four young workers aged 17 to 19. The company failed to comply with the notice, and also breached record-keeping laws. Most workers received back-payments after legal action commenced.
What was decided
The Federal Circuit and Family Court imposed penalties of $22,000 against Welvin and Kevin Pty Ltd, $3,000 against company director Zhi Zhi Tan, and $4,200 against majority shareholder and manager Qingxiang (Kevin) Meng. The court ordered the company to fully comply with the Compliance Notice, including back-paying superannuation entitlements. Acting Fair Work Ombudsman Kristen Hannah stated that businesses ignoring Compliance Notices face penalties and back-payment obligations.
What it means for employers
Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and further back-payment obligations. Maintaining accurate records is also essential.
What it means for employees
Employees concerned about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/march-2022/20220309-welvin-kevin-penalty-media-releaseWant more cases like this?
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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 →