The Fair Work Ombudsman has commenced legal action against the former operators of a Burrito Bar outlet in Mackay.
Facing court are Sayyes Investments Pty Ltd, which was the franchisee of the Burrito Bar outlet in Rural View, and the company's sole director, Subrahmanyam Sukhavasi.
The regulator investigated after receiving a request for assistance from a young worker Sayyes Investments employed as a casual food and beverage attendant between December 2021 and September 2022. The worker was aged 16 to 17 at the time.
A Fair Work Inspector issued a Compliance Notice to Sayyes Investments in April 2023 after forming a belief it had underpaid the worker's minimum wages and penalty rates for weekend and public holiday work, owed under the Restaurant Industry Award 2020.
The Fair Work Ombudsman alleges Sayyes Investments, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements.
It is alleged that the amount Sayyes Investments was required to pay to comply with the Compliance Notice was $7,759.
It is also alleged Sayyes Investments breached pay slip laws and that Mr Sukhavasi was involved in one of the pay slip breaches.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers," Ms Booth said.
"Pay slips provide employees with the clarity they need about their pay. We expect every employer to follow laws requiring them to issue pay slips within one working day of each pay day and to ensure all pay slips have the right information, as required by the Fair Work Act."
"Employers should also be aware that taking action to improve compliance in the fast food, restaurants and cafés sector and protecting young workers, who are often vulnerable, are priorities for the FWO."
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court. Sayyes Investments faces a penalty of up to $41,250 for the alleged failure to comply with the Compliance Notice and penalties of up to $66,600 per alleged breach of pay slips laws. Mr Sukhavasi faces a penalty of up to $13,320 for his alleged involvement in one of the pay slip breaches.
The regulator is also seeking an order for the company to pay the alleged outstanding amount to the worker, plus interest.
A next directions hearing date in the Federal Circuit and Family Court in Brisbane has not yet been set.
NOTE: The Fair Work Ombudsman makes no allegations against the current operators of the Burrito Bar outlet in Rural View.
