The Fair Work Ombudsman has commenced legal action against the operators of multiple Japanese noodle eateries in Victoria.
Facing court are Shinya Geelong HR Pty Ltd and Shinya Torquay HR Pty Ltd, which between them are the operators of 'Shinya Ramen and Bar Waurn Ponds', 'Shinya Ramen Geelong Waterfront' and 'Bayview Bar and Grill', all in Geelong, and 'Shinya Ramen and Bar' in Torquay on Victoria's Great Ocean Road. Also facing court is Mr Tao Mu, the sole director of both companies.
The regulator investigated after receiving requests for assistance from four employees, three who were visa holders from Vietnam and China, and one - an Australian citizen - who was 18 at the time. The employees were variously engaged as cooks and waitstaff, on a full-time or part-time basis - three in Geelong and one in Torquay - between November 2020 and July 2023.
A Fair Work Inspector issued Compliance Notices to Shinya Geelong HR and Shinya Torquay HR in August 2023 after forming a belief the companies between them failed to pay employees' minimum wages for ordinary hours, weekend rates, and public holiday rates, and accrued but untaken annual leave when their employment ended.
These entitlements were owed under the Restaurant Industry Award 2020 and the Fair Work Act's National Employment Standards.
The Fair Work Ombudsman alleges Shinya Geelong HR and Shinya Torquay HR, without reasonable excuse, failed to comply with the Compliance Notices, which required them to calculate and back-pay the workers' entitlements.
The regulator is seeking an order for the companies to pay a combined $9,195.68, the sum allegedly owed to the four employees, plus interest and superannuation.
The FWO is also seeking penalties in court. For the alleged failure to comply with the Compliance Notices, the companies face a penalty of up to $46,950 each, while Mr Mu faces a penalty of up to $9,390 for his alleged involvement with the contraventions of each company.
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.
The FWO continues to prioritise improving compliance in the fast food, restaurants and cafés sector, as well as assisting migrant workers who can be vulnerable to exploitation.
"It is crucial visa holders know that they have the same workplace rights as all other workers, and protections for visas exist if they call out workplace exploitation. We urge workers with concerns about wages and entitlements to reach out to us," Ms Booth said.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 7 October 2025.
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.
