Former Sydney café operators penalised
The Fair Work Ombudsman has secured a total of $44,148 in penalty and back-pay orders in court against the former operators of a cafe in Sydney’s inner west in response to their failure to back-pay workers.
The Federal Circuit and Family Court has imposed a $25,000 penalty against MT Infinity Pty Ltd, which operated Flow Cafe in Marrickville, and a $5,000 penalty against the company’s sole director, Miah Golam Tareque.
The penalties were imposed in response to MT Infinity failing to comply with a Compliance Notice requiring it to calculate and back-pay two workers, a married couple, it employed at the cafe in full-time roles for various periods between April 2019 and October 2021.
Mr Tareque was involved in the contravention.
In addition to the penalties, the Court has ordered MT Infinity to back-pay the workers a total of $14,148.
Fair Work Ombudsman Anna Booth said business operators that fail to act on Compliance Notices need to be aware they can face penalties in court on top of having to back-pay workers.
“When Compliance Notices are not followed, we will continue to take legal action to protect employees. Employers who fail to act on these notices risk substantial penalties and
back-pay orders,” Ms Booth said.
“Employers should also be aware that taking action to improve compliance in the fast food, restaurant and cafe sector is a priority 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 two affected workers. MT Infinity had employed one worker as a waiter and the other as a cook.
A Fair Work Inspector issued the Compliance Notice to MT Infinity in May 2022 in response to the workers being underpaid minimum wages, owed under the Restaurant Industry Award 2020, and annual leave entitlements, owed under the Fair Work Act’s National Employment Standards.
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. Employees can also seek information from their employer or their union, if they are a member.
The FWO provides a free online course to help employers understand what a Compliance Notice is and how to respond if they get one. The Compliance Notice course, among a suite of free interactive courses on offer for employers, managers and employees, is available in our online learning centre.
Small businesses can find targeted resources at the Small Business Showcase.