Fair Work Ombudsman
Citation: FWO-2024-05-23-mt-infinity-penalty-media-release
At a glance
- Respondent
- MT Infinity Pty Ltd
- Penalty
- $44,148
- Employees affected
- 2
- Awards cited
- MA000173
What happened
MT Infinity Pty Ltd, formerly operating Flow Cafe in Marrickville, Sydney, failed to back-pay two employees, a married couple, the wages they were owed. The employees worked as a waiter and a cook between April 2019 and October 2021. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers. The company and its sole director, Miah Golam Tareque, did not comply with a Compliance Notice.
What was decided
The Federal Circuit and Family Court imposed a $25,000 penalty on MT Infinity Pty Ltd and a $5,000 penalty on Miah Golam Tareque. The court also ordered MT Infinity to back-pay the workers a total of $14,148. The penalties were due to the company's failure to comply with a Compliance Notice. Fair Work Ombudsman Anna Booth stated that failing to act on Compliance Notices can result in penalties and back-pay orders.
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 and back-pay orders. The Fair Work Ombudsman is prioritising compliance in the fast food, restaurant, and cafe sectors.
What it means for employees
Employees who believe they have been underpaid or are not receiving their entitlements should contact the Fair Work Ombudsman for free advice and 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 →