06/07/2021
The Fair Work Ombudsman has secured a total of $309,750 in penalties in court in response to a migrant employee being underpaid almost $70,000 and records being falsified at a Melbourne restaurant.
The Federal Circuit Court has imposed a $249,000 penalty against the business, the company’s sole director and bookkeeper were penalised $41,250 and $19,500 respectively.
The penalty was imposed in response to the company contravening workplace laws by underpaying a visa holder $69,321 and knowingly making and keeping false records and providing them to the Fair Work Ombudsman during its investigation.
Inspectors found the employee had regularly worked 60 hours per week as a kitchen hand but had been paid between only $700 and $1060 per week.
This resulted in underpayment of the ordinary hourly rates, overtime rates, and weekend and public holiday rates under the Restaurant Industry Award 2010. Annual leave, superannuation and a split shift allowance were also underpaid.
Fair Work Ombudsman Sandra Parker said “The penalties in this matter send a clear message that paying low, flat rates that undercut Award entitlements and trying to mislead Fair Work inspectors is completely unacceptable conduct that will not be tolerated.”
“We treat matters relating to migrant workers particularly seriously and we are also focused on taking action to improve compliance in the restaurant and fast food sector.”
Full story here: https://www.fairwork.gov.au/about-us/news-and-media-releases/2021-media-releases/june-2021/20210629-china-bar-penalty-media-release