Fair Work Ombudsman
Citation: FWO-2024-12-04-monaco-willows-litigation-media-release
At a glance
- Penalty
- $3,610
- Employees affected
- 1
What happened
The Fair Work Ombudsman has commenced legal action against Monaco Willows Pty Ltd, which previously operated a café called Tusk in Windsor, Melbourne, and its sole director and secretary, Francis Placentino. The action follows a request for assistance from a visa holder who worked as a chef at the café from October 2021 to April 2023. It is alleged that Monaco Willows made unauthorised deductions of $3,610 from the worker’s wages and failed to pay minimum wages, public holiday and overtime rates, and annual leave entitlements. A Compliance Notice issued in September 2023 was not complied with.
What was decided
The Fair Work Ombudsman is seeking penalties against Monaco Willows Pty Ltd and Francis Placentino for alleged breaches of the Fair Work Act. Monaco Willows faces penalties of up to $93,000 for unlawful deductions and $46,950 for failing to comply with the Compliance Notice. Mr Placentino faces penalties of up to $18,780 and $9,390 respectively. The court is also expected to order Monaco Willows to rectify any underpayments, pay superannuation and interest, and reimburse the worker for the unauthorised deductions. A hearing is scheduled for February 2025.
What it means for employers
Employers must obtain written authorisation before making any deductions from employee wages. Deductions are only lawful in limited circumstances. Employers should review their practices to ensure compliance with Fair Work laws, particularly regarding deductions and entitlements. Failure to comply with Compliance Notices can result in significant penalties.
What it means for employees
Visa holder workers have the same rights as all other employees. Employees who believe their pay or entitlements are incorrect should contact the Fair Work Ombudsman for free assistance. Employees can also seek information from their employer or union.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/december-2024/20241204-monaco-willows-litigation-media-releaseWant more cases like this?
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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 →