Fair Work Ombudsman
Citation: FWO-2025-07-15-kosu-litigation-media-release
At a glance
- Respondent
- Kosu Group Pty Ltd
- Penalty
- $100,000
- Employees affected
- 2
What happened
The Fair Work Ombudsman has commenced legal action against Kosu Group Pty Ltd, which previously operated Yakiniku Kosu restaurant in Castle Hill, Sydney, and its sole director and part-owner, the Respondent. They are accused of underpaying two Filipino workers a total of almost $100,000 between May 2019 and September 2020. The workers, a food and beverage attendant and a sous chef, were allegedly paid significantly less than their lawful entitlements, including minimum pay rates, overtime, penalty rates, and annual leave. Kosu Group is also accused of falsifying records to inspectors and breaching record-keeping and pay slip laws. The Yakiniku Kosu restaurant is now closed.
What was decided
The Fair Work Ombudsman is seeking penalties against Kosu Group Pty Ltd and the Respondent for alleged underpayment and record-keeping breaches. Kosu Group faces penalties of up to $33,300 per breach, and the Respondent faces penalties of up to $6,660 per breach. The alleged underpayments have been rectified. A directions hearing is scheduled for September 2025 in the Federal Circuit and Family Court. The Fair Work Ombudsman has previously secured significant penalties in cases involving visa holder workers.
What it means for employers
Employers, particularly those in the restaurant and café sector, must ensure they are paying all employees, including migrant workers, their correct minimum wages, overtime, penalty rates, and annual leave entitlements. Accurate record-keeping and providing truthful pay slips to inspectors are legal requirements. Failing to do so can result in substantial penalties.
What it means for employees
Migrant workers have the same workplace rights as all other employees. If you suspect you are being underpaid or your employer is not keeping accurate records, you should contact the Fair Work Ombudsman for free advice and assistance. Interpreter services are available.
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https://www.fairwork.gov.au/newsroom/media-releases/2025-media-releases/july-2025/20250715-kosu-litigation-media-releaseSend your details to Liquid Employment Lawyers
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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