Fair Work Ombudsman
Citation: FWO-2022-11-17-bean-away-penalty-media-release
At a glance
- Respondent
- Bean Away Pty Ltd
- Penalty
- $13,986
- Employees affected
- 1
What happened
The Fair Work Ombudsman investigated Bean Away Pty Ltd, which operates a Zarraffa’s Coffee store in Pacific Pines, Queensland, after a worker requested assistance. The worker was employed as a store manager between February 2019 and March 2021. The company failed to comply with a Compliance Notice requiring back-payment of entitlements. The company’s sole director, Gregory Michael Matthew, was also involved. The worker received back-payment only after the Fair Work Ombudsman commenced legal action.
What was decided
The Federal Circuit and Family Court imposed a $11,988 penalty on Bean Away Pty Ltd and a $1,998 penalty on its sole director, Gregory Michael Matthew. The penalties were for failing to comply with a Compliance Notice. Judge Salvatore Vasta stated the penalties were to deter dismissive behaviour and provide deterrence, both specific and general. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and the FWO’s focus on the fast food, restaurant, and café sector.
What it means for employers
Employers must act on Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties. The FWO is prioritising compliance in the fast food, restaurant, and café sectors, so employers in these industries should review their pay and entitlements practices.
What it means for employees
Employees who believe they have not received their full entitlements should contact the Fair Work Ombudsman for free advice and assistance. The FWO provides resources and support for both employees and small businesses.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/november-2022/20221117-bean-away-penalty-media-releaseWant more cases like this?
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This summary was drafted by AI 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 →