Fair Work Ombudsman
At a glance
- RS Diners Pty Ltd
- $13,553
- MA000173
What happened
The Fair Work Ombudsman commenced legal action against RS Diners Pty Ltd (trading as Bobo’s Diner in Frankston) and Route 45 Pty Ltd (trading as Route 45 Roadhouse in Forest Hill), and their sole director, George Stathakopulos. The investigation began after receiving requests for assistance from workers. Inspectors issued Compliance Notices in January and February 2021, alleging underpayment of entitlements including minimum rates, overtime, penalty rates, and annual leave for food and beverage attendants and a prep chef. The companies allegedly failed to comply with these notices and also breached payslip requirements. One worker was allegedly underpaid for public holiday work.
What was decided
The Federal Circuit and Family Court imposed total penalties of $13,552.50 against RS Diners Pty Ltd, $15,097.50 against Route 45 Pty Ltd, and $3,304.80 against George Stathakopulos. The court also ordered the companies to rectify alleged underpayments, including interest and superannuation. The Fair Work Ombudsman is seeking further penalties and orders for compliance with the Compliance Notices. A directions hearing was scheduled for July 2022.
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. Employers must ensure they are paying employees correct minimum rates, overtime, penalty rates, and annual leave. Accurate payslips are also essential.
What it means for employees
Employees who believe they have been underpaid or are not receiving correct entitlements should contact the Fair Work Ombudsman for assistance. Free advice and support is available.
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