The Fair Work Ombudsman has commenced legal action against the former operators of a café in northern Queensland.
Facing court are Smart Vision Developments (Qld) Pty Ltd, which operated Grand Central Cafe in Townsville's Central Village precinct, and company director John Atkinson. The café has ceased trading.
The regulator began an investigation after receiving requests for assistance from two workers.
A Fair Work Inspector issued Compliance Notices to Smart Vision Developments (Qld) Pty Ltd in March 2021, after forming a belief that the two workers had been underpaid entitlements when they were employed as food and beverage attendants at the café from June to September 2020.
One of the workers was a junior, aged 19 at the time.
The inspector formed a belief the workers had been underpaid minimum wage, evening, weekend and overtime entitlements under the Restaurant Industry Award 2020, and payment-in-lieu-of-notice and annual leave entitlements under the National Employment Standards.
The FWO alleges Smart Vision Developments (Qld) Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notices, which required it to calculate and back-pay the workers' entitlements. It is alleged Mr Atkins was involved in the contraventions.
Fair Work Ombudsman Sandra Parker 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 in addition to back-paying workers."
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance," Ms Parker said.
The FWO is seeking penalties against Smart Vision Developments (Qld) Pty Ltd and Mr Atkins for allegedly failing to comply with four Compliance Notices. The maximum penalty for a company for failing to comply with a Compliance Notice is $33,300 per contravention and the maximum penalty for an individual is $6,660 per contravention.
The regulator is also seeking an order for Smart Vision Developments (Qld) Pty Ltd to comply with the Compliance Notices, which includes rectifying any underpayments in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Brisbane on 11 April 2022.
