25 June 2026

The Fair Work Ombudsman has secured a total of $10,438 in penalty and back-pay orders in court against the former operators of a restaurant at Wollongong, in NSW’s South Coast region.

The Federal Circuit and Family Court has imposed penalties of $4,125 against each of Amanda Hay and Suzanne Miller, who operated ‘The Pantry at Corrimal’ as a partnership, before the restaurant closed.

The penalties were imposed in response to Ms Hay and Ms Miller failing to comply with a Compliance Notice, which required them to calculate and back-pay a young worker they employed on a casual basis as a food and beverage attendant in August-September 2022.

The worker was aged 20 at the time of their employment.

In addition to the penalties, the Court has ordered Ms Hay and Ms Miller to back-pay the worker $2,188 in outstanding entitlements, 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 ensure employees receive all they are owed,” Ms Booth said.

“This case highlights that employers can face penalties that far exceed the amount they owed to an employee.

“Employers should be aware that taking action to protect young workers and improve compliance in the fast food, restaurants and cafés sector are priorities for the Fair Work Ombudsman.

“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

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, owed under the Restaurant Industry Award 2020.

Judge Rania Skaros found that Ms Hay and Ms Miller’s contravention was “serious” and they had displayed limited co-operation and contrition, with the worker having been deprived of his entitlements for a considerable period.

Judge Skaros said the fact that the penalties she imposed significantly exceed the amount owed under the Compliance Notice, “emphasises the seriousness with which such contraventions are regarded”.

“It sends a clear message to potential contraveners, and to those in positions similar to the Respondents, as to the personal consequences that may follow from a failure to take Compliance Notices seriously,” Judge Skaros 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 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.

Information is available for employees and employers at our apprentices and young workers and students webpages.

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.