Operator fined $29k

A TOWNSVILLE cafe operator has been ordered to pay $29,200 in penalties after being taken to court by the Fair Work Ombudsman over claims it underpaid staff.

The Federal Circuit and Family Court imposed a $26,000 penalty against Smart Vision Developments (Qld) Pty Ltd, which operated Grand Central Cafe in the Central Village precinct, and a $3200 penalty against former company director John Atkinson.

The cafe ceased trading in 2020.

The penalties were imposed in response to Smart Vision Developments (Qld) Pty Ltd failing to comply with Compliance Notices requiring it to back-pay entitlements to two workers it employed as food and beverage attendants at the cafe from June to September 2020.

One of the workers was a junior, aged 19, when employed at the cafe.

The court has also ordered the company to comply with the Compliance Notices which includes back-paying the workers in full, plus superannuation and interest.

Fair Work Ombudsman Sandra Parker said business operators that failed to act on Compliance Notices needed to be aware they could face courtimposed penalties on top of having to back-pay workers.

“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.

“Employers also need to be aware that taking action to protect young workers and to improve compliance in the fast food, restaurant and cafe sector continue to be priorities for the FWO.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

The FWO investigated after receiving requests for assistance from the workers.

A Fair Work inspector issued four Compliance Notices in March 2021 after forming a belief that the workers had been underpaid minimum wages, evening, weekend and overtime entitlements under the Restaurant Industry Award 2020, and payment-inlieu-of-notice-of-termination and annual leave entitlements under the National Employment Standards.

When the cafe closed in September 2020, its operators left a note at the premises telling customers that “due to Covid-19 we have been unable to bring our sales back to where they were, forcing us to close our doors”.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.

An interpreter service is available on 13 14 50.

Small businesses can find targeted resources at the Small