Fair Work Ombudsman
Citation: FWO-2026-04-16-luck-bird-eu-media-release
At a glance
- Penalty
- $194,000
- Employees affected
- 38
- Awards cited
- MA000217
What happened
The Fair Work Ombudsman has entered into an Enforceable Undertaking with The Luck Bird Pty Ltd, trading as Carlucci’s Restaurant in Templestowe, Melbourne. The restaurant underpaid 38 employees, including visa holders and junior workers, a total of $194,011 between June 2023 and July 2025. The underpayments included minimum hourly rates, penalty rates, overtime rates, annual leave loading, and casual loading. Employees received back payments ranging from $189 to $20,042. The restaurant has rectified the underpayments and implemented systems to prevent future breaches.
What was decided
The Fair Work Ombudsman secured an Enforceable Undertaking from The Luck Bird Pty Ltd. This requires the restaurant to back-pay $194,011 to 38 employees and implement improved compliance practices. These include commissioning an independent audit, writing to affected employees, creating a training document, holding employee meetings, and establishing an email inbox for inquiries. The FWO considered the employer's cooperation, full back-payments, and preventative measures when deciding on an EU. The FWO emphasized that paying flat rates is not sufficient to meet employee entitlements.
What it means for employers
Employers must ensure they are meeting all obligations under relevant awards and the Fair Work Act. Paying flat rates without verifying they cover all entitlements, including penalty rates and overtime, is insufficient and can lead to significant underpayments and legal action. Small businesses should utilise the free resources available from the Fair Work Ombudsman to ensure wage compliance.
What it means for employees
Employees should be aware of their entitlements under the relevant award and the Fair Work Act. If you suspect you are being underpaid, contact the Fair Work Ombudsman for assistance. The Enforceable Undertaking demonstrates the FWO’s commitment to protecting vulnerable workers, including visa holders and junior employees.
Every statement above is drawn from the published decision. Read the original here:
https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/april-2026/20260416-luck-bird-eu-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 →