Fair Work Ombudsman
Citation: FWO-2025-12-10-the-carers-portland-inc-penalty-media-release
At a glance
- Respondent
- The Carers Portland Inc
- Penalty
- $29,924
- Employees affected
- 1
- Awards cited
- MA000173
What happened
The Fair Work Ombudsman took legal action against The Carers Portland Inc, formerly operating ‘HCM Café Fresh Q Lunch’ in Dandenong South, and its secretary, Thi Hai Duong Luong (Amy Luong). They were found to have failed to comply with a Compliance Notice issued in December 2021. The Compliance Notice related to underpayment of a kitchen hand employed between January and May 2021. The worker was allegedly underpaid minimum wages, annual leave on termination, and pay-in-lieu-of-notice under the Fast Food Industry Award 2010 and the Fair Work Act’s National Employment Standards. The cafe is now closed.
What was decided
The Federal Circuit and Family Court imposed a $24,974 penalty against The Carers Portland Inc and a $4,950 penalty against Thi Hai Duong Luong. The penalties were for failing to comply with the Compliance Notice. Judge Karl Blake found that penalties were necessary to deter future breaches and to signal that non-compliance with Compliance Notices will not be tolerated. Appeals in the Federal Court were unsuccessful, confirming the penalties. The Fair Work Ombudsman emphasised the importance of complying with Compliance Notices.
What it means for employers
Employers, particularly in the fast food, restaurant, and café sectors, must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant court-imposed penalties. Understanding and responding appropriately to Compliance Notices is crucial to avoid legal action.
What it means for employees
Employees who believe they have been underpaid or are experiencing issues with their entitlements should contact the Fair Work Ombudsman for free assistance. The Fair Work Ombudsman provides resources and tools to help employees understand their rights and obligations.
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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