Fair Work Ombudsman
Citation: FWO-2022-12-21-benny-penalty-media-release
At a glance
- Respondent
- Benny842 Pty Ltd
- Penalty
- $15,718
- Employees affected
- 1
- Awards cited
- MA000173
What happened
Benny842 Pty Ltd, formerly operating a 'Burger Boss' restaurant in Pakenham, Victoria, failed to back-pay entitlements to a food and beverage attendant employed between June and October 2020. the Second Respondent was also involved. The Fair Work Ombudsman investigated after a worker requested assistance. A Compliance Notice was issued in December 2020, which Benny842 Pty Ltd and the Second Respondent did not follow.
What was decided
The Federal Circuit and Family Court imposed a $13,320 penalty on Benny842 Pty Ltd and $2,397.60 on the Second Respondent for failing to comply with the Compliance Notice. The court ordered Benny842 Pty Ltd to back-pay the worker all entitlements, including superannuation and interest. Judge Mansini found the failure to comply was deliberate and serious, highlighting the need for general deterrence in the café and restaurant industry. The Fair Work Ombudsman emphasized the consequences of ignoring Compliance Notices.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties and back-payment obligations. Proactive measures to ensure compliance with workplace laws are essential.
What it means for employees
Employees who believe they have been underpaid or denied their entitlements should contact the Fair Work Ombudsman for free advice and assistance. The FWO encourages employees to raise concerns about their pay and working conditions.
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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 →