The Fair Work Ombudsman (FWO) has secured an almost $8000 fine against the former operator of Monaco Willows, which operated Tusk café in Windsor, Melbourne.
The FWO took Monaco Willows and its sole director and secretary Francis Placentino to court for breaches of the Fair Work act in September.
A former employee reported the company had unlawfully deducted $3,610 for food, coffee, and drinks without the worker’s authorisation. The employee, who had been employed as a full-time chef between October 2021 and April 2023, was also a migrant visa holder.
“Unlawful deductions from workers’ wages, like we are alleging to have happened in this matter, are unacceptable,” said Fair Work Ombudsman Anna Booth in September. “Deductions are lawful only in a limited range of situations, and employers must understand those laws. We have a range of information to help employers get it right, including on our deducting pay webpage.”
In addition to the $7995 penalty, the court ordered Monaco Willows to pay $3,610 compensation to the worker.
The fine is significantly less than its potential maximum; Monaco Willows could have faced a penalty of up to $93,000 while Placentino could have faced up to $18,780.
Placentino’s Tusk Cafe, located on Chapel Street in Windsor, was a well-known institution. It operated for more than two decades before closing last year. Placentino was also the operator of the now closed High Bar.
The court determined that although Tusk is no longer operating, a penalty was needed to deter Placentino from future breaches, as he is currently the director of three other companies.
“The efficacy of these notices could be undermined if recipients think that a failure to comply has no meaningful consequences. There is also a need for general deterrence for all persons to not engage in conduct such as occurred in this case and to be motivated (by seeing the imposition of civil penalties) to know and conform with their obligations under industrial instruments,” said Judge John O’Sullivan.
Photo by Quang Nguyen Vinh
Laura Box
