The Fair Work Ombudsman has commenced legal action against the former operator of a restaurant in Perth.
Facing court is GCH Vic Park Pty Ltd which operated the restaurant trading as 'The Globe Pan and Grill' in East Victoria Park, before it closed.
Also facing court is Jay Patel, a director of GCH Vic Park Pty Ltd.
The regulator investigated GCH Vic Park as part of a proactive auditing campaign.
A Fair Work Inspector issued a Compliance Notice to GCH Vic Park in August 2023 after forming a belief the company had underpaid 16 workers variously engaged on a full-time, part-time and casual basis as cooks and food and beverage attendants.
The inspector formed a belief the workers were variously underpaid minimum wage rates, penalty rates for weekend work, and accrued but untaken annual leave entitlements on termination owed under the Restaurant Industry Award 2020 and the Fair Work Act's National Employment Standards, between December 2021 and July 2023.
The Fair Work Ombudsman alleges GCH Vic Park, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the workers' outstanding minimum entitlements.
It is alleged Mr Patel was involved in the contravention.
Fair Work Ombudsman Anna Booth said employers should be aware that taking action to improve compliance in the fast food, restaurants and cafés sector is a priority for the regulator.
"We will continue to enforce workplace laws and take employers to court where lawful requests are not complied with," Ms Booth said.
"Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. GCH Vic Park Pty Ltd faces a penalty of up to $46,950 and Mr Patel faces a penalty of up to $9,390.
The regulator is also seeking an order requiring the company to comply with the Compliance Notice, by rectifying any amount owed under the Compliance Notice in full including superannuation, and pay interest on that amount.
A directions hearing is listed in the Federal Circuit and Family Court in Perth on 5 December 2025.
In 2024-25, the Fair Work Ombudsman commenced 14 litigations against employers in the fast food, restaurants and cafes sector.
