Fair Work Ombudsman
At a glance
- Buffalos Cairns Operations Pty Ltd
- $29,970
- 3
What happened
Buffalos Cairns Operations Pty Ltd, formerly operating a restaurant called Buffalo’s at Smithfield Shopping Centre in Cairns, Queensland, has been penalised by the Federal Circuit and Family Court. The company failed to calculate and back-pay annual leave entitlements to three employees, including a cook, a food and beverage attendant, and an operations manager. Two of the employees were visa holders from Turkey and France. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers. The restaurant closed in 2020.
What was decided
The Federal Circuit and Family Court imposed penalties totalling $29,970 against Buffalos Cairns Operations Pty Ltd for failing to comply with Compliance Notices. The court ordered the company to pay the outstanding annual leave entitlements, plus interest, to the three workers. Judge Egan noted a lack of contrition and the need to deter similar conduct. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices and protecting vulnerable workers, particularly visa holders.
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 court-imposed penalties and the obligation to back-pay entitlements. The Fair Work Ombudsman prioritises compliance in the fast food, restaurant, and café sector, especially concerning vulnerable workers like visa holders. Demonstrating contrition and taking steps to improve compliance are important factors considered by the courts.
What it means for employees
Employees, including visa holders, have the same workplace rights as all other employees. Visa holders can seek assistance from the Fair Work Ombudsman without fear of visa repercussions due to the Assurance Protocol. Employees concerned about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.
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