Fair Work Ombudsman
At a glance
- Monaco Willows Pty Ltd
- $7,995
- 1
- MA000200
What happened
The Fair Work Ombudsman secured a penalty against the Respondent, former director of Monaco Willows Pty Ltd, which operated the Tusk cafe in Windsor, Melbourne. The company unlawfully deducted $3,610 from a visa holder chef’s wages between October 2021 and April 2023, claiming it was for food, coffee, and drinks without written authorisation. The Fair Work Ombudsman investigated after a request for assistance. The company failed to comply with a Compliance Notice regarding underpayment of minimum wages, public holiday, overtime, and annual leave entitlements. The cafe is now closed and the company is in administration.
What was decided
The Federal Circuit and Family Court ordered Monaco Willows to pay $7,995 in penalties and $3,610 in compensation to the worker. The court found the Respondent was involved in the unlawful deductions and failure to comply with the Compliance Notice. Judge O’Sullivan stated the penalty was to deter future breaches and signal that non-compliance with Compliance Notices will not be tolerated. The Fair Work Ombudsman has secured significant penalties in cases involving visa holder workers.
What it means for employers
Employers must understand the limited circumstances in which wage deductions are lawful and obtain written authorisation. Failure to comply with Compliance Notices can result in penalties and court-ordered back-payments. The Fair Work Ombudsman prioritises protecting migrant workers and improving compliance in the fast food, restaurant, and café sectors.
What it means for employees
Visa holder workers have the same rights as all other workers and can seek assistance from the Fair Work Ombudsman without fear of visa repercussions. Employees should report concerns about pay or entitlements.
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