Central Queensland café in court
The Fair Work Ombudsman has commenced legal action against a company that operates a café in central Queensland.
Facing court is L Trickett Pty Ltd, which operates ‘Café Discovery at Agnes’, in Agnes Water.
The regulator began an investigation after receiving a request for assistance from a young worker, who had been employed as a waiter at the café between June 2020 and April 2021.
The worker was 17 years old at the end of his employment.
A Fair Work Inspector issued a Compliance Notice to L Trickett Pty Ltd in July 2021 after forming a belief that the worker had not been paid payment-in-lieu-of-notice entitlements owed under the National Employment Standards at the end of his employment.
The Fair Work Ombudsman alleges L Trickett Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements.
Fair Work Ombudsman Sandra Parker said the regulator would continue to enforce workplace laws and take business operators to court when they fail to act on Compliance Notices.
“Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”
L Trickett Pty Ltd faces a penalty of up to $33,300 for allegedly failing to comply with the Compliance Notice.
FWO is also seeking an order for L Trickett Pty Ltd to comply with the Compliance Notice, which includes rectifying the alleged underpayment in full, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 21 June 2022.
Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance. An interpreter service is available on 13 14 50.
The website includes information for young workers and employees and employers in fast food, restaurants and cafés and small businesses can find targeted resources at the Small Business Showcase.
