Sydney cafe penalised

The Fair Work Ombudsman has secured a total of $40,400 in penalties in court against the operator of a café in Sydney.

The Federal Circuit and Family Court has imposed the penalties against Jay & Chloe Pty Ltd, which operates ‘Café 2204’ in Marrickville.

The penalties were imposed in response to Jay & Chloe Pty Ltd failing to comply with a Compliance Notice requiring it to back-pay entitlements to a worker it employed as a food and beverage attendant and contravening pay slip laws.

The company back-paid the worker in full only after the Fair Work Ombudsman commenced legal action.

Acting Fair Work Ombudsman Michael Campbell said business operators that fail to act on Compliance Notices need to be aware they can face court-imposed penalties on top of having to back-pay workers.

“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Mr Campbell said.

“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sector continues to be a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

The FWO commenced an investigation after receiving a request for assistance from the affected worker, who was employed by Jay & Chloe Pty Ltd at Café 2204 between May 2019 and October 2020.

The Compliance Notice was issued in May 2021 after an inspector formed a belief that the worker had been underpaid minimum wages, casual loading and penalty rates under the Restaurant Industry Award 2010 and the Restaurant Industry Award 2020.

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