The Fair Work Ombudsman has secured a penalty against the former operator of a pizza outlet in Barossa Valley, South Australia.

A penalty of $4,620 has been imposed against Ziad Andary who operated a takeaway business called The Valley Pizza in Nuriootpa.

Andary had failed to comply with a Compliance Notice requiring him to back-pay entitlements to a young casual worker who was employed at the outlet between December 2018 and August 2019.

The court has ordered that Andary take the action required which includes rectifying the underpayment in full, plus interest and superannuation.

Fair Work carried out an investigation after receiving a request for assistance from the worker.

It was found that the worker, aged 22 to 23, was underpaid minimum casual rates and penalty rates for late-night and weekend work entitlements under the Fast Food Industry Award 2010.

Judge Brown found that Andary was involved in deliberate non-compliance directly affecting a vulnerable worker who was at times “largely homeless” during the period of employment.

It’s the second time Andary has been in court. In 2021 the operator was penalised $3,500 for failing to comply with a Compliance Notice requiring him to back-pay entitlements owed to a different worker formerly employed at the business.

Image credit: Wagetheft.net.au