Queensland café director penalised
The Fair Work Ombudsman has secured a $22,017 penalty in court against the former sole director of a cafe and kiosk company in South-East Queensland.
The Federal Circuit and Family Court has imposed the penalty against Salem Hamze, who was the director and part-owner of Lortoc No. 60 Pty Ltd, which formerly operated a café called ‘Hakuna Ma’Coffee’ and a food and beverage kiosk called ‘Ric & Co’, both located at the Blue Water Square Shopping Centre in Redcliffe.
The penalty was imposed in response to Mr Hamze’s involvement in breaching pay-slip laws and failing to comply with a Compliance Notice, which required Lortoc No. 60 Pty Ltd to calculate and back-pay the entitlements of three workers.
Two of the workers were employed as part-time food and beverage attendants and one as a full-time fast-food employee.
Hakuna Ma’Coffee and Ric & Co are now closed and Lortoc No. 60 Pty Ltd has been deregistered.
Fair Work Ombudsman Anna Booth said business operators that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties.
“When Compliance Notices are not followed, we will continue to take legal action,” Ms Booth said.
“Employers should be aware that improving compliance in the fast food, restaurants and cafés sector is a priority for the Fair Work Ombudsman.
“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The Fair Work Ombudsman investigated after receiving a request for assistance from the three affected workers, who were employed at Hakuna Ma’Coffee and Ric & Co between September 2022 and March 2023.
The regulator issued a Compliance Notice to Lortoc No. 60 Pty Ltd in December 2023 after forming a belief the company had underpaid the workers’ minimum wages, penalty rates and annual leave entitlements.
The entitlements were allegedly owed under the Fast Food Industry Award 2020, Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.
Mr Hamze was also involved in the company’s breach of the Fair Work Act and Fair Work Regulations by sometimes failing to issue workers with pay slips and by failing to include all required information in pay slips when they were issued.
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.
In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.
The FWO has interactive tools to help employers and employees in the fast food, restaurants and cafés sector, and for any franchisees.
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.
Employers can seek information from their employer association if they are a member, and also use the FWO’s pay calculator and Small Business Showcase.
Employees can also seek information from their employer and their union, if they are a union member.