7 October 2026

The Fair Work Ombudsman has commenced legal action against the former operators of two Oliver Brown Cafés in Newcastle, NSW, for alleged breaches affecting migrant workers.

Facing court are Achon Pty Ltd and Echon Pty Ltd, which were formerly the franchisee operators of Oliver Brown Cafe outlets at the Marketown Shopping Centre in the Newcastle CBD and at Charlestown, respectively.

Also facing court is the sole director of both companies, Rachel Lee.

Fair Work Inspectors investigated after receiving requests for assistance from workers and formed a belief that Achon Pty Ltd and Echon Pty Ltd had underpaid a total of seven workers.

The companies had employed the workers as wait staff at the Oliver Brown cafes between October 2023 and July 2025. Most were engaged on a casual basis.

All of the workers were visa holders at the time, from countries including Korea and France. Three were international students.

Affected staff also included three young workers, aged 22 to 24 at the time.

Fair Work Inspectors issued Compliance Notices to the two companies in February 2026 after forming a belief the companies had underpaid the seven workers’ entitlements under the Restaurant Industry Award 2020 and the Fair Work Act.

The Inspectors formed a belief the workers were underpaid minimum wages, casual loadings, overtime rates, and penalty rates for weekend and public holiday work. An inspector formed a belief one worker was also underpaid annual leave entitlements.

The Fair Work Ombudsman alleges Achon Pty Ltd and Echon Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notices, which required them to calculate and back-pay the workers’ entitlements. It is alleged Ms Lee was involved in the contraventions.

It is alleged the total amount the companies were required to pay to comply with the Compliance Notices was $29,193, with $14,852 of this amount allegedly owing to one worker.

Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests were not complied with.

“Where employers do not comply, we will take appropriate action to protect employees. A court can order an employer to pay penalties and make payments to workers,” Ms Booth said.

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

“We treat alleged breaches of workplace laws involving young and migrant workers particularly seriously because we are aware they can be vulnerable, as they are often unaware of their rights, heavily reliant on their employers or reluctant to complain.

“Visa holders should be reassured – if they speak up about workplace issues, their visa will be protected. 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 Fair Work Ombudsman is seeking penalties in court. Achon Pty Ltd and Echon Pty Ltd each face a penalty of up to $99,000 for failing to comply with a Compliance Notice. Ms Lee faces penalties of up to $19,800 per contravention for her alleged involvement in the failure to comply with both Compliance Notices.

The regulator is also seeking orders requiring the companies to comply with the Compliance Notices, including paying allegedly outstanding entitlements, plus interest and superannuation.

A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 20 November 2026.

Both Oliver Brown outlets have closed, however Achon Pty Ltd now operates a café trading as ‘The Coffee Co’ at the Marketown Shopping Centre site. No allegations are made in relation to ‘The Coffee Co’ cafe.

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. A free interpreter service is available on 13 14 50.

Workplace issues can be reported online anonymously, including in languages other than English.

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.

In 2024-25, the FWO secured total court penalties of more than $870,000 for failures to comply with Compliance Notices.

Migrant workers have the same rights and protections under the Fair Work Act as other employees in Australia, and protections exist for their visa if they call out any breaches. Information for migrant workers, including on visa protections, is available at our visa holders and migrants webpage.

Employees can watch our webinars to learn more about their rights at work.

Information is available for employees and employers at our young workers and students webpages. Employers can seek information from their employer association if they are a member, and use the FWO’s pay calculator and Small Business Showcase.

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.