The Fair Work Ombudsman has commenced legal action against the former operators of a fast food takeaway business in Sydney for an alleged breach affecting a vulnerable migrant worker.
Facing court are Big Fat Greek (Belmore) Pty Ltd, which operated the outlet trading as 'Big Fat Greek' in Belmore before it closed last year, and the company's sole director Peter Sinadinos.
A Fair Work Inspector issued a Compliance Notice to Big Fat Greek (Belmore) Pty Ltd in October 2023 after forming a belief that it had underpaid a visa holder it employed on a casual basis as a kitchen attendant between 25 October 2021 and 31 July 2022.
The inspector formed a belief that the company had underpaid the worker's casual minimum wages for ordinary hours, overtime entitlements, penalty rates, and a clothing allowance, owed under the Fast Food Industry Awards 2010 and 2020.
The Fair Work Ombudsman alleges Big Fat Greek (Belmore) Pty Ltd, without a reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements.
It is alleged that Mr Sinadinos was involved in the contravention.
It is alleged that the amount the company was required to pay to comply with the Compliance Notice was $11,874.
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.
"Employers should also be aware that taking action to improve compliance in the fast food, restaurants and cafes sector and protecting visa holder workers are priorities for the FWO. 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. Big Fat Greek (Belmore) Pty Ltd faces a penalty of up to $46,950 and Mr Sinadinos faces a penalty of up to $9,390.
The regulator is also seeking an order requiring the company to comply with the Compliance Notice, including paying the alleged outstanding amount to the worker, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 5 August 2025.
The Fair Work Ombudsman has filed 146 litigations against employers involving visa holder workers, and secured nearly $23 million in penalties in cases that have included visa holder workers, in the seven financial years to June 2024.
