Fair Work Ombudsman
Citation: FWO-2022-11-11-smart-vision-penalty-media-release
At a glance
- Respondent
- Smart Vision Developments (Qld) Pty Ltd
- Penalty
- $29,200
- Employees affected
- 2
- Awards cited
- MA000173
What happened
Smart Vision Developments (Qld) Pty Ltd, formerly operating Grand Central Cafe in Townsville, and its former director, John Atkinson, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of two food and beverage attendants employed from June to September 2020. One worker was a 19-year-old junior. The company failed to comply with Compliance Notices requiring back-payment of entitlements.
What was decided
The Court imposed a $26,000 penalty on Smart Vision Developments (Qld) Pty Ltd and a $3,200 penalty on John Atkinson. The company must now comply with the Compliance Notices, including back-paying the workers, superannuation, and interest. The Fair Work Ombudsman emphasised the consequences of failing to act on Compliance Notices, highlighting a focus on protecting young workers and improving compliance in the food and beverage sector.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must comply with Compliance Notices. Failure to do so can result in significant court-imposed penalties and back-payment obligations. Protecting young workers and ensuring wage compliance are key priorities for the Fair Work Ombudsman.
What it means for employees
Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Infoline and website provide resources for both employees and employers.
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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