Fair Work Ombudsman
Citation: FWO-2023-08-18-duncan-litigation-media-release
At a glance
- Respondent
- Paddock to Platter
- Penalty
- $6,660
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman has taken legal action against the Respondent, the former operator of a restaurant called Paddock to Platter in Wollongong, New South Wales. A worker employed as a casual food and beverage attendant from May to December 2021, contacted the Fair Work Ombudsman for assistance. A Fair Work Inspector issued a Compliance Notice in April 2022, alleging underpayment of minimum wages and weekend penalty rates under the Restaurant Industry Award 2020. The Respondent allegedly failed to comply with the notice.
What was decided
The Fair Work Ombudsman is seeking a penalty against the Respondent for failing to comply with the Compliance Notice. He faces a potential penalty of up to $6,660. The FWO also seeks a court order requiring him to rectify the alleged underpayments, including superannuation and interest. A hearing is scheduled for September 12, 2023, in the Federal Circuit and Family Court in Sydney. The Fair Work Ombudsman emphasises enforcement of workplace laws and taking businesses to court when requests are not met.
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 penalties and court orders to rectify underpayments. The FWO prioritises compliance in these industries.
What it means for employees
Employees who believe they have been underpaid or are unsure about their entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
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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 →