Fair Work Ombudsman
Citation: FWO-2023-08-22-mother-dough-penalty-media-release
At a glance
- Respondent
- Champagne or Wine Pty Ltd
- Penalty
- $72,800
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman investigated Champagne or Wine Pty Ltd, which operates the 'Mother Dough' Italian restaurant in Hawthorn, Melbourne, following a request for assistance from a young waiter. The waiter was employed casually from June 2018 to September 2019. A Fair Work inspector issued a Compliance Notice in July 2020, believing the worker was underpaid minimum wages and penalty rates. The company and its directors, Jeffrey Dean Baldassarre and Allison Claire Barnes, failed to comply with the notice and a Notice to Produce records.
What was decided
The Federal Circuit and Family Court imposed a $52,000 penalty on Champagne or Wine Pty Ltd and $10,400 penalties on each director. The company must also back-pay the worker all entitlements, including superannuation. The court found the contraventions were deliberate and demonstrated a lack of contrition. Judge Kirton emphasised the need for specific deterrence and general deterrence, particularly within the hospitality industry. The Fair Work Ombudsman secured a total of $72,800 in penalties.
What it means for employers
Employers, especially those in the fast food, restaurant, and café sectors, must comply with Compliance Notices and Notices to Produce issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties. Employers should ensure they understand their obligations regarding minimum wages, penalty rates, and record-keeping, particularly when employing young or vulnerable workers.
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 advice and assistance. The Fair Work Ombudsman provides resources and support for employees in various industries, including fast food, restaurants, and cafes.
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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