Brisbane’s Cafe 63 Chermside has been caught out by Fair Work paying employees with food and drink.
Timi Trading Pty Ltd and its three operators Tien Hoang Le, Minh Vo Duy Nguyen and Hamish Watson will face court for failing to pay full wages to 11 employees between August 2017 to January 2018.
The employees were primarily visa holders and young workers under the age of 21 who worked as kitchen attendants and food and beverage attendants.
Fair Work inspectors found eight of the 11 employees were paid according to Individual Flexibility Agreements (IFAs) that provided flat hourly rates and a list of ‘bonuses’ and ‘allowances’ instead of lawful entitlements such as overtime and penalty rates.
It is alleged such allowances included daily food and drink budgets of $42 per day while working.
Timi Trading again breached workplace law by failing to ensure employees were better off on an IFA over the relevant Award, did not keep proper records and agreements and failed to pay an employee who was absent on a public holiday.
Le and Nguyen were allegedly involved in breaches relating to all 11 workers and Watson was allegedly involved in breaches relating to the eight workers engaged under IFAs.
The company faces maximum penalties per breach of up to $63,000, while Le, Nguyen and Watson face maximum penalties per breach of up to $12,600.
The employees are yet to be back-paid due to poor record-keeping.
A directions hearing will be held in February 2020.
Image credit: Westfield
