The Fair Work Ombudsman has commenced legal action against the operators of a takeaway restaurant in southern Sydney for alleged breaches affecting migrant workers.
Facing court are Meung Thai Pty Ltd, which operated the 'Meung Thai' venue in Hurstville, and the company's sole director, Thanyarat Khotdet.
Fair Work Inspectors visited Meung Thai during a proactive auditing campaign and subsequently commenced an investigation.
A Fair Work Inspector issued a Compliance Notice to Meung Thai Pty Ltd in November 2024 after forming a belief the company had underpaid three casual workers' entitlements under the Fast Food Industry Award 2020 in March to May, 2023.
Two of the workers were visa holders, in Australia as international students.
The inspector formed a belief Meung Thai Pty Ltd had underpaid the workers' minimum rates, casual loadings, and penalty rates for evening, weekend and public holiday work.
The Fair Work Ombudsman alleges Meung Thai Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the employees' entitlements.
It is also alleged the company breached workplace laws by failing to issue pay slips.
The Fair Work Ombudsman alleges Ms Khotdet was involved in the failure to comply with the Compliance Notice.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take action in court where lawful requests and workplace record laws 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 to take steps to comply with a Compliance Notice, including back-paying entitlements," Ms Booth said.
"Employers should be aware that taking action to improve compliance in the fast food, restaurants and cafés sector and protect visa holders are priorities for the Fair Work Ombudsman.
"The law also demands that all employees be given pay slips. 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. They can also contact their union if they are a member."
The Fair Work Ombudsman is seeking penalties in the Federal Circuit and Family Court in Sydney. For the alleged failure to comply with the Compliance Notice, Meung Thai Pty Ltd faces a penalty of up to $99,000 and Ms Khotdet faces a penalty of up to $19,800.
In addition, Meung Thai Pty Ltd faces a penalty of up to $93,900 for the alleged pay slip breach.
The regulator is also seeking orders requiring the company to comply with the Compliance Notice, including calculating and rectifying any outstanding entitlements, plus superannuation and interest.
A future court date is yet to be listed.
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.
