Fair Work Ombudsman
Citation: FWO-2022-12-13-preach-by-beach-penalty-media-release
At a glance
- Respondent
- Preach by the Beach Pty Ltd
- Penalty
- $34,500
- Employees affected
- 1
- Awards cited
- MA000173
What happened
Preach by the Beach Pty Ltd, which operates 'Preach Café' in Bondi, Sydney, and its sole director and shareholder, Rarbie Taha, have been penalized by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding a Thai international student employed as a cook for approximately a month in October–November 2020. The student was not paid sufficient wages. The Fair Work Ombudsman investigated after a request for assistance from the worker.
What was decided
The Court imposed a $28,500 penalty on Preach by the Beach Pty Ltd and a $6,000 penalty on Rarbie Taha. They were also ordered to comply with the Compliance Notice, which includes back-paying the worker with superannuation and interest. The court found the conduct was deliberate, noting a history of underpayment in the café and restaurant industry. Fair Work Ombudsman Sandra Parker emphasized the consequences of ignoring Compliance 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 penalties. Businesses operating in industries with a history of non-compliance, such as the fast food, restaurant, and café sector, should be particularly vigilant in ensuring they meet their obligations. Vulnerable workers, such as visa holders, require extra protection.
What it means for employees
Employees, particularly those who are vulnerable, such as migrant workers, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. The Assurance Protocol allows visa holders to seek help without fear of visa cancellation.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/december-2022/20221213-preach-by-beach-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 →