The Fair Work Ombudsman has faced off against the former operators of Project 49 in court over a number of workplace breaches.
In 2022, an employee requested assistance from the Fair Work Ombudsman after she was not paid for her final two weeks of employment at the Collingwood business, nor her annual leave entitlements.
Fair Work inspectors issued a compliance notice to P49 Collingwood Pty Ltd in November of that year requiring the business to calculate and back-pay the employee, however no action was taken until the Ombudsman commenced legal action – a total of 15 months after the payment was due.
The eatery, which has now closed, was run by sole director Rocco Esposito, who was found to be involved with pay slip contraventions.
During the court hearing, Judge John O’Sullivan said the contraventions were deliberate and that penalties needed to be imposed in order to deter the business and other employers from similar conduct in the future.
“It is necessary and appropriate to impose a penalty that signals non-compliance with statutory notices will not be tolerated,” said Judge O’Sullivan. “The efficacy of these notices could be undermined if recipients think that a failure to comply has no meaningful consequences.”
The Federal Circuit and Family Court imposed a $55,003 penalty against P49 Collingwood Pty Ltd and a $6,793 penalty against Esposito.
“When compliance notices are not followed, we will continue to take legal action to protect employees,” said Fair Work Ombudsman Anna Booth. “Employers who fail to act on these notices risk substantial penalties, as the company and director in this case have found out.”
