Fair Work Ombudsman
At a glance
- MT Infinity Pty Ltd
- $33,300
- 2
- MA000173
What happened
The Fair Work Ombudsman has commenced legal action against MT Infinity Pty Ltd, formerly operating Flow Cafe in Marrickville, Sydney, and its sole director, Miah Golam Tareque. Two workers, a married couple, were employed at the cafe between April 2019 and October 2021. They worked as a waiter and a cook. A Fair Work Inspector issued a Compliance Notice in May 2022, alleging underpayment of minimum wages and unpaid annual leave entitlements. The company failed to comply with the notice, and the FWO is now taking the matter to court. The cafe is no longer operating.
What was decided
The Fair Work Ombudsman is taking legal action against MT Infinity Pty Ltd and its director, Miah Golam Tareque, for failing to comply with a Compliance Notice. The notice related to alleged underpayment of wages and unpaid annual leave entitlements for two employees. The company faces a potential penalty of up to $33,300, and the director faces a penalty of up to $6,660. The court is also expected to order the company to rectify the alleged underpayments, including superannuation and interest. The first directions hearing is scheduled for September 8, 2023.
What it means for employers
Employers, particularly in the fast food, restaurant, and cafe 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 back-pay entitlements. The FWO is prioritising enforcement in these industries.
What it means for employees
Employees who believe they have been underpaid or are owed entitlements should contact the Fair Work Ombudsman for free assistance. Interpreter services are available.
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