Wollongong restaurant operators in court
The Fair Work Ombudsman has commenced legal action against the former operators of a restaurant at Wollongong, in NSW’s South Coast region, for an alleged breach affecting a young worker.
Facing court are Amanda Hay and Suzanne Miller, who operated ‘The Pantry at Corrimal’ as a partnership, before the restaurant closed.
The regulator investigated after receiving a request for assistance from a young worker Ms Hay and Ms Miller employed on a casual basis as a food and beverage attendant in August-September 2022.
A Fair Work Inspector issued a Compliance Notice to Ms Hay and Ms Miller in April 2023 after forming a belief that they failed to pay the worker his casual minimum wages and penalty rates in full under the Restaurant Industry Award 2020.
The Fair Work Ombudsman alleges Ms Hay and Ms Miller, without a reasonable excuse, failed to comply with the Compliance Notice, which required them to calculate and back-pay the worker’s entitlements.
It is alleged that the amount Ms Hay and Ms Miller were required to pay to comply with the Compliance Notice was $2,788, and that $2,188 remains outstanding following partial payment to the worker.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take employers to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order employers to pay penalties and make payments to workers,” Ms Booth said.
“Employers should also be aware that taking action to improve compliance in the fast food, restaurants and cafes sector and protecting young workers are priorities for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Ms Hay and Ms Miller each face a penalty of up to $8,250.
The regulator is also seeking an order requiring Ms Hay and Ms Miller to pay the alleged outstanding amount (plus interest).
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 8 August 2025.
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. Employees can also seek information from their employer or their union, if they are a union 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.
Information is available for employees and employers at our young workers and students webpage.
Small businesses can find targeted resources at the Small Business Showcase and information is available for employees and employers at our fast food, restaurants & cafés webpage.
