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FWOFair Work Ombudsman · 6 December 2023

Fair Work Ombudsman

Citation: FWO-2023-12-07-ifits-penalty-media-release

At a glance

Respondent
IFITS Food Co Pty Ltd
Penalty
$28,021
Employees affected
2
Awards cited
MA000173

What happened

IFITS Food Co Pty Ltd, a former franchisee of a Pizza Hut outlet in Warwick, Queensland, failed to comply with Compliance Notices from the Fair Work Ombudsman. The company employed two part-time workers, an assistant manager and a 17-year-old kitchen hand/customer service employee, between March 2020 and October 2021. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers. The company did not pay accrued annual leave entitlements or payment-in-lieu-of-notice-of-termination.

What was decided

The Federal Circuit and Family Court imposed a $28,021 penalty against IFITS Food Co Pty Ltd. The court also ordered the company to back-pay the workers’ entitlements, including superannuation for one worker and interest for both. Judge Egan stated the penalty was needed to deter similar conduct. The Fair Work Ombudsman emphasised the consequences of failing to act on Compliance Notices and prioritises protecting young workers in the fast food sector.

What it means for employers

Employers, particularly those operating franchises or in the fast food sector, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties and back-payment obligations. Taking action to protect young workers and improve compliance is a priority for the FWO.

What it means for employees

Employees who believe they have not received their full entitlements should contact the Fair Work Ombudsman for free advice and assistance. Young workers are a particular focus for the FWO’s enforcement activities.

underpaymentpenalty-ratesannual-leavegeneral-protectionsyoung-workersfast-foodcompliance

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

https://www.fairwork.gov.au/newsroom/media-releases/2023-media-releases/december-2023/20231207-ifits-penalty-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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