Fair Work Ombudsman
Citation: FWO-2022-04-21-coffee-traders-penalty-media-release
At a glance
- Respondent
- The Coffee Traders Group
- Penalty
- $13,586
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman investigated The Coffee Traders Group, which operates a café called 'Coffee Trad3rs' in Castle Hill, Sydney. A young waitress worked part-time from July 2018 to June 2019 and casually from July to September 2019. A Fair Work Inspector issued a Compliance Notice in March 2021, believing the Applicant hadn't received proper entitlements under the Restaurant Industry Award 2010 and the Fair Work Act. The company and its sole director, the Respondent, failed to comply with the notice. The Applicant was aged 18 to 20 during her employment.
What was decided
The Federal Circuit and Family Court imposed penalties of $11,322 against The Coffee Traders Group and $2,264.40 against the Respondent. The company back-paid the Applicant $1,014.64 in entitlements and $146.20 in superannuation after the Fair Work Ombudsman commenced legal proceedings. The Fair Work Ombudsman emphasised the consequences of failing to comply with Compliance Notices, stating that penalties and back-payments can be enforced through legal action.
What it means for employers
Employers must act promptly and correctly when responding to Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and the obligation to back-pay entitlements.
What it means for employees
Employees who believe they have not received their correct pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance. Information and resources are available on the Fair Work Ombudsman's website.
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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 →