Queensland café owner and manager face court
The Fair Work Ombudsman has commenced legal action against the operator of a regional Queensland café and its manager.
Facing court are Carol Wheatley, who operates The Beacon Café in Gympie, and Peta Wheatley, the café’s manager.
The regulator investigated after receiving requests for assistance from two workers Carol Wheatley employed at the café on a part-time basis.
One worker was employed as a cook between June and December 2022, and the other as a kitchen attendant between July 2022 and January 2023.
A Fair Work Inspector issued a Compliance Notice to Carol Wheatley in May 2023 after forming a belief she had underpaid the workers’ minimum hourly rates and annual leave entitlements and had underpaid one of the worker’s Saturday penalty rates.
The entitlements were allegedly owed under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The Fair Work Ombudsman alleges Carol Wheatley, without reasonable excuse, failed to comply with the Compliance Notice, which required her to calculate and back pay the workers’ entitlements. It is alleged Peta Wheatley was involved in the contravention.
It is alleged the total amount Ms Wheatley was required to pay the two workers to comply with the Compliance Notice was $5,936.
Fair Work Ombudsman Anna Booth said the regulator would continue to take enforcement action where employers breach workplace laws.
“Where employers fail to comply with Compliance Notices, we will take appropriate action to protect employees,” Ms Booth said.
“Employers should also be aware that taking action to improve compliance in the fast food, restaurants and cafés sector are priorities for the FWO.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance. They can also contact their union if they are a member.”
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice.
Carol and Peta Wheatley each face a penalty of up to $8,250.
The regulator is also seeking court orders requiring compliance with the Compliance Notice, including paying the entitlements allegedly owing to the workers, plus superannuation and interest.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 28 August 2026.
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.
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.
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.
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.
