Fair Work Ombudsman
At a glance
- Big Daddy's Pty Ltd
- $24,000
- 2
- MA000113
What happened
The Fair Work Ombudsman investigated Big Daddy's Pty Ltd, which operates Alf's Café at the Alfred Hospital in Melbourne. The company and its sole director, Elias Dannaoui, failed to comply with Compliance Notices regarding unpaid entitlements to two visa holder workers from Colombia. The workers were employed as fast food workers between 2017 and 2020. A Fair Work Inspector issued Compliance Notices in March 2021 for underpayment of minimum casual wages and penalty rates. Payments of $12,090.65 and $8,742.10 were eventually made in August 2022.
What was decided
The Federal Circuit and Family Court imposed a $20,000 penalty against Big Daddy's Pty Ltd and a $4,000 penalty against Elias Dannaoui for failing to comply with the Compliance Notices. The Court ordered the company to back-pay superannuation and interest on the entitlements. The Judge noted the breaches were deliberate, as the respondents were aware of the notices and did not respond appropriately. The company must now fully comply with the notices.
What it means for employers
Employers must act on Compliance Notices from the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties. Businesses should be particularly aware of their obligations to vulnerable workers, such as visa holders, and ensure compliance in sectors like fast food, restaurants, and cafes.
What it means for employees
Visa holder workers can seek assistance from the Fair Work Ombudsman without fear of visa cancellation through the Assurance Protocol. Employees concerned about their pay or entitlements should contact the Fair Work Infoline for free advice and assistance.
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