Fair Work Ombudsman
Citation: FWO-2022-12-20-hospitality-3564-penalty-media-release
At a glance
- Respondent
- Hospitality 3564 Pty Ltd
- Penalty
- $17,982
- Employees affected
- 1
- Awards cited
- MA000173
What happened
Hospitality 3564 Pty Ltd, operating 'Café 3564' in Echuca, Victoria, and its sole director, David Bowman, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding a Chinese visa holder employed as a cook between July 2017 and September 2019. The worker was underpaid various entitlements. Hospitality 3564 back-paid the worker over $48,000 after the Fair Work Ombudsman commenced legal action. The Fair Work Ombudsman investigated after a request for assistance from the affected worker.
What was decided
Hospitality 3564 Pty Ltd received a $14,985 penalty, and David Bowman received a $2,997 penalty. The court found the company and director had no reasonable excuse for failing to comply with the Compliance Notice. Judge Forbes emphasised the need for penalties to deter similar conduct. The Fair Work Ombudsman stressed the importance of complying with Compliance Notices and protecting vulnerable workers. The case highlights the FWO’s focus on compliance in the fast food, restaurant, and café sector.
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. Businesses should be particularly aware of their obligations to vulnerable employees, such as migrant workers. Seeking advice and addressing concerns promptly can prevent costly legal action.
What it means for employees
Employees, especially those on visas, should seek assistance from the Fair Work Ombudsman if they believe they are being underpaid or are experiencing workplace issues. The Assurance Protocol protects visa holders who seek help.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
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-2022/20221220-hospitality-3564-penalty-media-releaseWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. The full FWC and Federal Court library behind every advisor answer is on Pro.
FairWork Mate AI
This is one decision. Pro reads all of them.
Free case pages cite the top 250 decisions. Pro opens the full Fair Work Commission and Federal Court library, cross-references your own situation against it, and cites the decision behind every answer — plus document upload, so it can read your letter or contract line by line. 150 questions a month, cancel anytime.
Just need today sorted? A Day Pass is 25 questions over 24 hours, no account. Get a Day Pass — $4.99
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
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