Fair Work Ombudsman
Citation: FWO-2023-08-10-annangrove-litigation-media-release
At a glance
- Respondent
- Annangrove Road Pty Ltd
- Penalty
- $4,000
- Employees affected
- 2
What happened
The Fair Work Ombudsman commenced legal action against Annangrove Road Pty Ltd, which previously operated a restaurant called 'EST by Fig and Co' in Kenthurst, Sydney, and its sole director, the Respondent. Two chefs, both visa holders (one aged 23-24 at the time), worked at the restaurant between September 2020 and June 2021. A Fair Work Inspector issued a Compliance Notice in July 2022 regarding unpaid accrued but untaken annual leave entitlements. Annangrove Road Pty Ltd did not comply with the notice, and the Respondent was allegedly involved.
What was decided
The Federal Circuit and Family Court imposed a $4,000 penalty against the Respondent. This penalty will be provided to the two workers to partially rectify the underpayments. Annangrove Road Pty Ltd was placed into liquidation, preventing a penalty against the company. The Fair Work Ombudsman is seeking penalties against Annangrove Road Pty Ltd (up to $33,300) and the Respondent (up to $6,660), along with compensation for the alleged underpayments plus interest. A directions hearing is scheduled for August 14, 2023.
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. The Fair Work Ombudsman prioritises enforcement in sectors like fast food, restaurants, and cafés, and provides extra protection for visa holders and young workers.
What it means for employees
Employees, especially visa holders, should seek assistance from the Fair Work Ombudsman if they have concerns about their pay or entitlements. The Assurance Protocol protects visa holders from visa cancellation when seeking help from the FWO.
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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 →