Fair Work Ombudsman
Citation: FWO-2022-11-18-barbkey-litigation-media-release
At a glance
- Respondent
- Barbkey We Pty Ltd
- Penalty
- $33,300
- Employees affected
- 16
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against Barbkey We Pty Ltd, formerly operating ‘DA Burger’ outlets in West End and New Farm, Brisbane, and its sole director, the Respondent. A Fair Work Inspector issued a Compliance Notice in April 2022 after suspecting 16 food and beverage and kitchen attendants were underpaid casual minimum wages and weekend penalty rates between February and December 2021. The company allegedly failed to comply with the notice, which required back-payment of outstanding entitlements. The regulator alleges the Respondent was involved in the contravention.
What was decided
Barbkey We Pty Ltd and the Respondent are facing legal action for allegedly failing to comply with a Compliance Notice. The company faces a potential penalty of up to $33,300, and the Respondent faces a penalty of up to $6,660. The Fair Work Ombudsman is seeking an order for full rectification of alleged underpayments, including interest and superannuation. The company has back-paid all entitlements owing after the legal action commenced. A directions hearing is scheduled for December 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 and orders to back-pay employees. Regularly review pay practices to ensure compliance with relevant awards and legislation.
What it means for employees
Employees who believe they have been underpaid or are concerned about their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The Fair Work Ombudsman provides resources and support for employees.
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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