Fair Work Ombudsman
At a glance
- Territory Tough Pty Ltd
- $21,645
- 1
- MA000173
What happened
Territory Tough Pty Ltd, formerly operating a 'Good Thanks' burger outlet in Darwin, failed to pay a young chef his full entitlements. The chef, aged 17 to 20, was completing a commercial cookery apprenticeship between May 2019 and June 2022. A Fair Work Inspector issued a Compliance Notice in October 2022, requiring back-payment for time spent in registered training under the Restaurant Industry Award 2010 and 2020. Territory Tough did not comply with the notice or a subsequent court order.
What was decided
The Federal Circuit and Family Court imposed a $21,645 penalty on Territory Tough Pty Ltd for failing to comply with the Compliance Notice. The court ordered $6,118 of this penalty to be paid to the worker as outstanding entitlements. Judge Liveris found the company showed disregard for its obligations and a lack of contrition, noting high non-compliance rates in the fast food industry. The penalty is intended to deter future breaches.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in substantial penalties and back-pay orders. Employers must also ensure apprentices are paid for time spent in registered training. The FWO prioritises protecting young workers and improving compliance in the fast food, restaurant, and café sector.
What it means for employees
Employees, particularly young workers and apprentices, should be aware of their entitlements and seek assistance from the Fair Work Ombudsman if they believe they have been underpaid or are not receiving correct compensation for training.
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