Fair Work Ombudsman
At a glance
- Shinya Geelong HR Pty Ltd, Shinya Torquay HR Pty Ltd
- $9,196
- 4
- MA000047
What happened
The Fair Work Ombudsman has taken legal action against Shinya Geelong HR Pty Ltd, Shinya Torquay HR Pty Ltd, and their sole director, the Respondent. They operate several Japanese noodle restaurants in Geelong and Torquay, Victoria. Four employees, including three visa holders from Vietnam and China, raised concerns about unpaid wages. The investigation covered the period between November 2020 and July 2023. Compliance Notices were issued in August 2023 regarding alleged failures to pay minimum wages, weekend rates, public holiday rates, and accrued annual leave.
What was decided
The Fair Work Ombudsman alleges the companies failed to comply with Compliance Notices requiring them to back-pay employee entitlements. The court is expected to order the companies to pay a combined $9,195.68, plus interest and superannuation, to the four employees. Penalties of up to $46,950 each for the companies and $9,390 for the Respondent are also being sought for failing to comply with the Compliance Notices. A directions hearing is scheduled for October 7, 2025.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must ensure they are paying employees correctly, including minimum wages, penalty rates, and annual leave. Failure to comply with Compliance Notices issued by the Fair Work Ombudsman can result in significant penalties. Small businesses should utilise available resources and online courses to understand their obligations.
What it means for employees
Visa holders have the same workplace rights as Australian citizens. Employees who believe they have been underpaid or are experiencing workplace exploitation should contact the Fair Work Ombudsman for free assistance. Information and interpreter services are available.
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