The Fair Work Ombudsman has pursued legal action against the operators of a Melbourne fast food outlet.

Big Daddy’s Pty Ltd which operate Alf’s Café at the Alfred Hospital and its sole director Elias Dannaoui are facing court after failing to comply with issued compliance notices.

The notice required the business to back-pay workers entitlements. Investigations were carried out by the regulator after receiving a request for assistance from two Columbian visa holders who were employed at Big Daddy’s Pty Ltd between 2017 and 2020.

It was alleged that the café had underpaid the workers’ minimum casual wages and penalty rates for weekend and public holiday work under the Fast Food Industry Award 2010.

The company faces a maximum penalty of up to $33,300 per breach while Dannaoui faces maximum penalties of up to $6,600 per breach.

The regulator is also seeking an order for Big Daddy’s Pty Ltd to rectify the underpayments in full, plus interest and superannuation.

“Where employers do not comply, we will take appropriate action to protect employees,” says Fair Work Ombudsman Sandra Parker. “A court can order a business to pay penalties in addition to back-paying workers.”

A directions hearing will commence on 17 February 2022.

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