8 May 2026

The Fair Work Ombudsman has secured a total of $33,600 in penalties in court against the former operators of a French-inspired fine dining restaurant in Sydney.

The Federal Circuit and Family Court has imposed $28,000 in penalties against Metisse Bar and Restaurant Group Pty Ltd, which formerly operated Metisse in Potts Point, and $5,600 in penalties against the company’s sole director, Opel Opu Khan.

The penalties were imposed in response to Metisse Bar and Restaurant Group failing to comply with two Compliance Notices, which required it to back-pay two workers a total of $7,733. The Court found that Mr Khan was involved in the breaches.

The workers were both French visa holders that Metisse Bar and Restaurant Group employed on a full-time basis for various periods from February to May 2023.

One worker was engaged as a cook and the other was a food and beverage supervisor.

In addition to the penalties, the Court has ordered Metisse Bar and Restaurant Group to back-pay the workers in full, plus interest and superannuation. The underpayment has been only partially rectified to date.

Acting Fair Work Ombudsman Rachel Volzke 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 Volzke said.

“Employers should be aware that taking action to protect visa holders and improve compliance in the fast food, restaurants and cafés sector are priorities for the Fair Work Ombudsman. Visa holders can be confident that if they raise workplace issues with us their visas will be protected.

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

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

A Fair Work Inspector issued two Compliance Notices to Metisse Bar and Restaurant Group in August 2023 in response to the company underpaying the workers’ entitlements under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.

The cook was underpaid entitlements including minimum wages, overtime and penalty rates for evening and weekend work, annual and personal leave entitlements and payment-in-lieu-of-notice-of-termination.

The food and beverage supervisor was not paid accrued but untaken annual leave entitlements at the end of his employment.

Judge Robert Cameron found that the admissions and evidence demonstrated that Metisse Bar and Restaurant Group and Mr Khan had failed to act on the requirements of the Compliance Notices.

This was despite the company having previous experience with underpayment complaints and having previously dealt with other Compliance Notices issued by the Fair Work Ombudsman in an effective manner.

Judge Cameron found that Mr Khan had not displayed contrition or an appreciation of the significance to the two affected workers of the amounts withheld, and there was a need to deter future non-compliance.

“The fact is that the respondents may return to the industry with which they are most familiar which, coupled with the possibility that there may be further contraventions of the Fair Work Act in the course of such engagement, means that there is a need for specific deterrence to deter the respondents from further contravening conduct should they employ workers in the future,” Judge Cameron said.

His Honour also found there was a need to deter non-compliance in the cafe and restaurant industry.

“I accept that there is a strong need to demonstrate to that industry and its employers that failure to comply with compliance notices will not be tolerated,” Judge Cameron 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.

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.

Information for migrant workers, including on the protections for their visas, is available at our visa holders and migrants webpage.

The FWO also has an online anonymous report tool, including options to report in languages other than English.

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.