Fair Work Ombudsman
Citation: FWO-2026-03-06-shinya-torquay-hr-pty-ltd-and-shinya-geelong-hr-pty-ltd-compliance-notice-penalty-media-release
At a glance
- Respondent
- Shinya Geelong HR Pty Ltd
- Penalty
- $42,799
- Employees affected
- 4
- Awards cited
- MA000173
What happened
Shinya Geelong HR Pty Ltd and Shinya Torquay HR Pty Ltd, former operators of ramen restaurants in Geelong and Torquay, Victoria, have been penalized for failing to comply with Compliance Notices. The Fair Work Ombudsman investigated after receiving requests for assistance from four workers, including three visa holders and one Australian citizen. The workers were employed as cooks and waitstaff between November 2020 and July 2023. The Compliance Notices related to underpayment of minimum wages, weekend rates, public holiday rates, and annual leave entitlements.
What was decided
The Federal Circuit and Family Court imposed penalties totaling $42,799 against Shinya Geelong HR Pty Ltd, Shinya Torquay HR Pty Ltd, and their sole director, Tao Mu. The companies were also ordered to back-pay the four workers a total of $8,995, plus interest and superannuation. The court found Mr Mu deliberately failed to ensure compliance with the Compliance Notices. Judge Amanda Mansini emphasized the need to deter similar conduct, particularly in the restaurant and cafe industry and involving young workers.
What it means for employers
Employers must comply with Compliance Notices issued by the Fair Work Ombudsman. Failure to do so can result in significant penalties, exceeding the amount of back-pay owed. A robust compliance framework is essential, especially when employing young or migrant workers. The case highlights the serious consequences of disregarding statutory obligations.
What it means for employees
Employees, particularly visa holders, have protections if they raise concerns about underpayment or unpaid entitlements. Workers can contact the Fair Work Ombudsman for free assistance and information. The Fair Work Ombudsman encourages employees to seek help if they believe their pay or entitlements are incorrect.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/march-2026/20260306-shinya-torquay-hr-pty-ltd-and-shinya-geelong-hr-pty-ltd-compliance-notice-penalty-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 →