Former ‘Big Fat Greek’ operators penalised for deliberate breach
The Fair Work Ombudsman has secured a total of $45,678 in penalties and back-pay orders against the former operators of a Sydney fast-food takeaway business for a breach affecting a migrant worker.
The Federal Circuit and Family Court has imposed a $28,170 penalty against Big Fat Greek (Belmore) Pty Ltd, which formerly operated the ‘Big Fat Greek’ outlet in Belmore, and a $5,634 penalty against the company’s former sole director, Peter Sinadinos.
The penalties were imposed after the company failed to comply with a Compliance Notice requiring it to calculate and back-pay entitlements owing to a visa holder it employed on a casual basis as a kitchen attendant between October 2021 and April 2023.
The Court also ordered the company to pay the $11,874 that was owed to the worker under the Compliance Notice, plus interest (and superannuation).
Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to pay workers.
“When Compliance Notices are not followed, we will continue to take legal action to protect employees,” Ms Booth said.
“Deliberate breaches of workplace laws – including breaching a Compliance Notice – are unacceptable.
“Employers should be aware that taking action to improve compliance in the fast food, restaurants and cafés sector and protecting migrant workers are priorities for the Fair Work Ombudsman.
“Any employees with concerns about their pay or entitlements should contact us for free assistance. They can also contact their union if they are a member.”
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Big Fat Greek (Belmore) Pty Ltd in October 2023 after forming a belief that it had underpaid the worker’s casual minimum wages, overtime entitlements, penalty rates and a clothing allowance, under the Fast Food Industry Award 2010 and 2020.
Judge Nicholas Manousaridis found that the company’s failure to comply with the Compliance Notice was “deliberate, and contumacious” and resulted in the worker being “denied rectification” of the amounts owing to her, which was a “significant loss”.
“The failure to comply undermines and frustrates the powers conferred on Fair Work Inspectors, which are conferred for the purposes of providing an effective means of enforcing compliance with lawful minimum entitlements,” Judge Manousaridis said, citing a previous judgment dealing with a Compliance Notice.
His Honour found that there was a need to impose a penalty to deter other employers from failing to comply with Compliance Notices.
“Recipients of such notices should be left under no misapprehension about their obligations to comply with those notices,” Judge Manousaridis said.
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.
In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.
The Fair Work Ombudsman filed 171 litigations against employers involving visa holder workers, and secured $39 million in penalties in cases that have included visa holder workers, in the eight financial years to June 2025.
The FWO has an online anonymous report tool, including options to report in languages other than English, and information for migrant workers, including on protections for their visas, is available at our visa holders and migrants webpage.
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.
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.
