A Brisbane fast food outlet is facing court for allegedly underpaying casual workers.
The company also allegedly failed to comply with a Compliance Notice requiring it to rectify the underpayments.
It’s the latest business to face legal action as the Fair Work Ombudsman continues to crack down on dodgy employers who ignore Compliance Notices.
Brisbane fast food outlet facing court
Facing the Federal Circuit Court is SMC Food Truck Pty Ltd based in Brisbane’s West End.
Fair Work investigated the outlet as part of its audit campaign of the popular food precinct between December 2018 and March 2020.
In total, the regulator audited 44 cafes, restaurants and fast food outlets in the area.
As a result of the investigation, an inspector found SMC Food Truck had allegedly failed to pay casual employees their:
- weekend; and
- public holiday entitlements under the Fast Food Industry Award.
The inspector subsequently issued the company with Compliance Notice requiring it to calculate and repay the outstanding amounts.
Despite offering SMC Food Truck several chances to comply with the Notice, Fair Work alleges that, without reasonable excuse, it failed to do so.
It subsequently commenced legal action.
“BRISBANE’S WEST END – LATEST TARGET FOR FAIR WORK INSPECTORS”
Fair Work continues to enforce workplace laws
Fair Work Ombudsman Sandra Parker said her agency will continue to enforce workplace laws, despite the ongoing COVID-19 pandemic.
“Where employers do not comply with our requests, we will take appropriate action to protect employees.
“A court can order the business to pay penalties in addition to back-paying workers.”
As a result of the alleged breaches and failure to comply, Fair Work is seeking a penalty against SMC Food Truck.
The regulator is also seeking a court order requiring the company to rectify any underpayments in full, plus superannuation and interest.
The company faces a maximum penalty of $31,500.
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