The Fair Work Ombudsman has commenced legal action against the former operators of a café in Western Sydney for an alleged breach that impacted two migrant workers.
Facing court are Karl Haidenbauer and Mezzaco Trading Pty Ltd, which together formerly owned and operated the breakfast and brunch joint 'Six Ain't Seven' in North Parramatta.
A Fair Work Inspector issued a Compliance Notice to Mr Haidenbauer and Mezzaco Trading in September 2023 after forming a belief they had contravened the Restaurant Industry Award in relation to minimum wages paid to two casual cafe employees between August 2022 and April 2023.
One of the workers was from Vietnam on a working holiday visa, while the other worker, aged 18 at the time, was an international student from Nepal.
The Fair Work Ombudsman alleges Mr Haidenbauer and Mezzaco Trading, without a reasonable excuse, failed to comply with the Compliance Notice, which required them to calculate and pay certain amounts.
It is also alleged Mr Haidenbauer and Mezzaco Trading breached the Fair Work Act by failing to issue one of the workers with pay slips during his employment.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take employers to court where lawful requests and pay slip laws were not complied with.
"Where employers do not comply with Compliance Notices, we will take appropriate action to protect employees. A court can order employers to pay penalties and make payments to workers," Ms Booth said.
"Migrant workers have the same workplace rights in Australia as any other workers, regardless of their visa status. Employers should be aware that taking action to improve compliance in the fast food, restaurants and cafes sector and protecting young and migrant workers are priorities for the FWO.
"Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to provide pay slips to their employees within one business day of them being paid.
"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, Mezzaco Trading Pty Ltd faces a penalty of up to $46,950 and Mr Karl Haidenbauer faces a penalty of up to $9,390. For the alleged pay slip breach Mezzaco Trading Pty Ltd faces a penalty of up to $82,500 and Karl Haidenbauer faces a penalty of up to $16,500.
The regulator is also seeking an order requiring Mr Haidenbauer and the company to comply with the Compliance Notice, including rectifying any amount owed under the Compliance Notice in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 12 September 2025.
