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FWOFair Work Ombudsman · 5 July 2023

Fair Work Ombudsman

Citation: FWO-2023-07-06-territory-tough-litigation-media-release

At a glance

Penalty
$33,300
Employees affected
1
Awards cited
MA000173

What happened

The Fair Work Ombudsman has commenced legal action against Territory Tough Pty Ltd, which operates a burger outlet called “Good Thanks” in Darwin. The action follows a request for assistance from a young worker who was a full-time chef and apprentice at the restaurant between May 2019 and June 2022. A Fair Work Inspector issued a Compliance Notice in October 2022, alleging the company failed to pay wages for time spent in registered training, as required by the Restaurant Industry Award. The company did not comply with the notice.

What was decided

The Fair Work Ombudsman is taking Territory Tough Pty Ltd to court for failing to comply with a Compliance Notice. The company faces a potential penalty of up to $33,300. The court is also expected to order Territory Tough to rectify the alleged underpayments, including interest and superannuation. A directions hearing is scheduled for July 24, 2023.

What it means for employers

Employers, particularly in the fast food, restaurant, and café sectors, must comply with workplace laws and pay entitlements, including wages for training time. Failure to do so can result in significant penalties and orders to back-pay workers.

What it means for employees

Employees, especially young workers, should be aware of their entitlements and seek assistance from the Fair Work Ombudsman if they have concerns about their pay or working conditions.

underpaymentapprenticeshippenalty-ratesgeneral-protectionsmodern-award-variationyoung-workers

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/july-2023/20230706-territory-tough-litigation-media-release

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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 →

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