The Fair Work Ombudsman has commenced legal action against the former operator of a Toorak café.
Facing court is Adam Lachlan Wilkinson, who in his capacity as trustee for the Wilko Family Trust, operated the cafe which traded as 'Grange Road Egg Shop'.
The regulator investigated the entitlements of 10 workers Mr Wilkinson employed at his cafe on a casual and full-time basis between November 2020 and February 2022.
Five were young workers, aged between 19 and 24 at the time.
A Fair Work Inspector issued a Compliance Notice to Mr Wilkinson in September 2023 after forming a belief he had not fully paid the workers' minimum wage rates, overtime entitlements and penalty rates for weekend and public holiday work.
The inspector formed a belief that one of the workers was also not paid personal leave taken during her employment, and accrued but untaken annual leave entitlements at the end of her employment.
The entitlements were owed to the employees as cooks, food and beverage attendants and an introductory level employee under the Restaurant Industry Award 2020, as well as the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges Mr Wilkinson, without a reasonable excuse, failed to comply with the Compliance Notice, which required him to calculate and back-pay the workers' outstanding minimum entitlements.
It is also alleged Mr Wilkinson breached the Fair Work Act by issuing false and misleading pay slips to one worker and failing to issue three of the workers with pay slips during their employment.
The cafe is now closed.
Fair Work Ombudsman Anna Booth said employers should be aware that taking action to improve compliance in the fast food, restaurants and cafés sector and protecting young workers are priorities for the regulator.
"The Fair Work Ombudsman treats alleged breaches of workplace laws involving young 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," Ms Booth said.
"We will continue to enforce workplace laws and take employers to court where lawful requests and pay slip laws are not complied with.
"Allegedly providing false or misleading pay slips is unacceptable. Pay slips provide employees with the clarity they need about their pay, and we expect every employer to follow laws requiring them to provide accurate 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, Mr Wilkinson faces a penalty of up to $9,390. For the alleged pay slip breaches, Mr Wilkinson faces penalties of up to $13,320 per breach.
The regulator is also seeking an order requiring Mr Wilkinson 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 Melbourne on 17 November 2025.
