The Fair Work Ombudsman has commenced legal action against a company that operates a café and a recycling business in Melbourne.
Facing court is Manne’s Role Pty Ltd, which operates cardboard-recycling business ‘Marlen’s Warehouse’ and the associated ‘Little Cardboard Café’ at a site on Pascoe Vale Road, in Essendon.
Also facing court is the company’s sole director Malin Subodha Hettiarachchi.
The regulator investigated after receiving a request for assistance from a worker, an international student, who had been employed on a casual basis as a cook at the café between 25 December 2020 and 27 February 2021.
A Fair Work Inspector issued a Compliance Notice to Manne’s Role in May 2021 after forming a belief the worker was paid a flat rate of $15 an hour, resulting in underpayment of his minimum wage, casual loading and weekend penalty rates under the Restaurant Industry Award 2020.
The Fair Work Ombudsman alleges Manne’s Role Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is alleged the worker is still owed $4,473.97.
It is alleged the company also contravened pay slip laws.
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 Fair Work Ombudsman is seeking penalties. Manne’s Role Pty Ltd faces a penalty of up to $33,300 and Mr Hettiarachchi faces a penalty of up to $6,660 for allegedly failing to comply with the Compliance Notice. In addition, the company faces a penalty of up to $66,600 for the alleged pay slip contravention.
The regulator is also seeking an order for Manne’s Role Pty Ltd to rectify the alleged underpayment in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 1 March 2022.
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