The Fair Work Ombudsman has secured a hefty $21,645 penalty against the former operator of a burger outlet in Darwin for “affecting a vulnerable worker”.
Good Thanks, formerly operated by Territory Tough Pty Ltd, failed to comply with a notice requiring it to calculate and back-pay an apprentice staff member (aged 17 years old) who worked as a full-time chef from May 2019 until June 2022.
A Fair Work Inspector issued the notice back in October 2022 after finding the company had failed to pay the worker wages for time spent attending registered training as part of their apprenticeship.
Judge Liveris found Territory Tough had “displayed a disregard for its obligations under the Fair Work Act and shown no contrition for a breach affecting a vulnerable young worker”.
“The exploitation of vulnerable employees undermines the objects of the workplace relations system,” said Judge Liveris.
Judge Liveris found that there was a need to impose a penalty to deter Territory Tough and other employers from similar breaches in future, saying he took into account that “the fast food, restaurant and café industry has recorded high rates of non-compliance with workplace laws”.
The court ordered that $6,118 of the $21,645 penalty imposed on the company be given to the worker, which is the amount of back-pay that was outstanding at the time of the hearing.
“This case is a reminder that apprentices must be paid for time spent attending registered training,” said Fair Work Ombudsman Anna Booth.
“Employers and apprentices should check out our apprentice entitlements webpage.”
