The Fair Work Ombudsman has secured a $5,328 penalty in court against sole trader Shannon Duncan who operated the now closed Paddock to Plate in Wollongong on New South Wale’s south coast.
The penalty comes after Mr Duncan failed to comply with a compliance notice from Fair Work which required him to back-pay a worker.
The worker was employed as a casual food and beverage attendant at the venue from May to December 2021.
In April 2022, a Fair Work Inspector issued a compliance notice to Mr Duncan after forming the belief that the worker had been underpaid minimum wages, and weekend penalty rates, under the Restaurant Industry Award 2020.
Mr Duncan has been penalised $5,328 in court, and has also been ordered to take the action required by the compliance notice, which includes rectifying the underpayment in full, plus interest and superannuation.
“When compliance notices are not followed, we will continue to take legal action. Employers who fail to act on these notices risk facing penalties and back-pay orders,” says Fair Work Ombudsman Anna Booth.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sector is among our top priorities. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”