6 March 2026

The Fair Work Ombudsman has secured a total of $42,799 in penalties and back-pay orders against the former operators of multiple Japanese noodle eateries in Victoria, for breaches affecting young and migrant workers.

The Federal Circuit and Family Court imposed a $14,085 penalty against Shinya Geelong HR Pty Ltd, a $14,085 penalty against Shinya Torquay HR Pty Ltd and $5,634 in penalties against the sole director of both companies, Tao Mu.

The companies formerly operated ‘Shinya Ramen and Bar Waurn Ponds’, ‘Shinya Ramen Geelong Waterfront’ and ‘Bayview Bar and Grill’, all in Geelong, and ‘Shinya Ramen and Bar’ in Torquay on Victoria’s Great Ocean Road.

The penalties were imposed in response to the companies’ failures to comply with two Compliance Notices requiring them to calculate and back-pay four workers’ entitlements. Mr Mu was involved in the contraventions.

The workers included three visa holders from Vietnam and China, and one Australian citizen who was 18 while employed at Shinya.

In addition to the penalties, the companies have been ordered to make back-payments to the workers totalling $8,995, plus interest and superannuation.

Fair Work Ombudsman Anna Booth said employers that failed to act on Compliance Notices should be aware that they could face court-imposed penalties on top of having to comply with the Compliance Notice.

“When Compliance Notices are not followed, we will continue to take legal action to protect workers’ rights,” Ms Booth said.

“The amount the companies were required to back-pay to workers to comply with the Compliance Notices was significant, but the total penalties in this case are now more than three times that amount. This sends a clear message that failure to comply has serious consequences.

“Employers also need to be aware that taking action to improve compliance in the fast food, restaurants and cafés sector, as well as protecting young and migrant workers are among our top priorities. Visa holders should remember there are protections for their visa if they speak out.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

The Fair Work Ombudsman investigated the matter after receiving requests for assistance from the affected workers.

The workers were variously engaged as cooks and waitstaff, on a full-time or part-time basis – three in Geelong and one in Torquay – between November 2020 and July 2023.

A Fair Work Inspector issued Compliance Notices to Shinya Geelong HR and Shinya Torquay HR in August 2023 after forming a belief the companies underpaid the workers’ minimum wages, weekend rates, public holiday rates and annual leave entitlements.

The entitlements were owed under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.

In her judgement, Judge Amanda Mansini said that Mr Mu could have ensured the companies complied with the Compliance Notices but “chose not to comply”.

“The [employers’] contraventions were deliberate and, without reasonable excuse, can only be characterised as a blatant disregard of his statutory obligations under the Act,” Judge Mansini said.

Judge Mansini found there was a need to dissuade other employers from similar conduct, particularly in the restaurant and cafe industry and where young workers were involved.

“It is well recognised that younger employees, as here, are more vulnerable to underpayment and such exploitation ought be deterred,” Judge Mansini said.

“I am also persuaded … to emphasise the importance of an effective compliance framework and at a sufficient level to impress upon other employers, particularly in the restaurant and cafe industry, the importance of complying with the legal obligations owed to their employees.”

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.

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.