Melbourne café operator penalised
The Fair Work Ombudsman has secured a $5,000 penalty in court against the operator of a Melbourne café that describes itself as the “world’s first happiness centre”.
The Federal Circuit and Family Court has imposed the penalty against Serotonin Eatery Exercise Education Pty Ltd, which operates the cafe ‘Serotonin Eatery’ in Burnley.
The penalty was imposed in response to the company failing to comply with a Compliance Notice, which required it to back-pay a worker it employed as a casual food and beverage attendant in November-December 2024.
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.
A Fair Work Inspector issued a Compliance Notice to Serotonin Eatery Exercise Education Pty Ltd in August 2025 after forming a belief the company had failed to pay the worker’s minimum wages and penalty rates for weekend work, owed under the Restaurant Industry Award 2020.
The company back-paid the worker after the Fair Work Ombudsman commenced legal action.
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,” Ms Booth said.
“Employers should be aware that taking action to improve 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 us for free advice and assistance.”
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, 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.
