The Fair Work Ombudsman has commenced legal action against the former operator of a Brisbane restaurant.
Facing court is IP West Pty Ltd, which operated the London Spice Bulimba restaurant in Bulimba before the restaurant ceased trading.
The regulator began an investigation after receiving a request for assistance from a worker who had been employed at the restaurant on a casual basis as a waitress between November 2020 and August 2021, when she was aged 18-19.
A Fair Work Inspector issued a Compliance Notice to IP West Pty Ltd in November 2021 after forming a belief that the worker had been underpaid her minimum hourly rate, casual loading and weekend penalty rates under the Restaurant Industry Award 2020.
The Fair Work Ombudsman alleges IP West, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
The FWO is seeking a penalty against IP West Pty Ltd. The company faces a penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes calculating and rectifying any underpayments in full, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 27 June 2022.
