The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the operators of a Turkish restaurant in Broadbeach on the Gold Coast.
Facing court is Enk Pty Ltd, trading as Alachati Turkish Restaurant, and its sole director Mr Emre Kusbeci.
The regulator investigated after receiving a request for assistance from a former waitress who worked part-time at the restaurant in January 2021.
A Fair Work Inspector issued a Compliance Notice to the company in April 2021 after forming a belief the worker had not been paid entitlements owed under the Restaurant Industry Award 2020.
The inspector formed a belief the employee, who was paid a flat hourly rate, was underpaid minimum rates for ordinary hours as well as weekend and public holiday penalty rates.
The Fair Work Ombudsman alleges Enk, without reasonable excuse, failed to comply with the Compliance Notice, which required the company to calculate and back-pay the worker's outstanding entitlements.
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," Ms Parker said.
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance."
The FWO is seeking penalties against Enk Pty Ltd and Mr Kusbeci. The company faces a maximum penalty of $33,300, while Mr Kusbeci faces a maximum penalty of $6,660.
The Fair Work Ombudsman is also seeking a court order for the company to take the action required by the Compliance Notice, including calculating and rectifying any underpayments in full to the worker, plus superannuation and interest.
A directions hearing has been listed in the Federal Circuit Court in Brisbane on 5 October 2021.
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. An interpreter service is available on 13 14 50. Small businesses can find targeted resources at the Small Business Showcase.
