Fair Work Ombudsman
Citation: FWO-2022-03-31-rs-diners-and-route-45-litigation-media-release
At a glance
- Respondent
- RS Diners Pty Ltd
- Penalty
- $13,553
- Awards cited
- 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.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
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-2022/20220331-rs-diners-and-route-45-litigation-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
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 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 →