The Fair Work Ombudsman has secured a $31,320 penalty against operator Meatball and Wine Bar Pty Ltd for underpaying workers across its three Melbourne restaurants.
The Federal Circuit Court imposed the penalty after the company admitted to underpaying 26 workers, including visa holders, across the CBD, Richmond and Collingwood restaurants.
Together, the workers were underpaid a total $14,149 between 4 July and 2 October 2016. The underpayments were rectified in June 2017, before the Ombudsman commenced proceedings.
The employees included 11 visa holders on student or working holiday visas and majority of the workers were aged in their 20s.
The wait staff and kitchen hands were paid flat rates between $17.31 and $21.69 per hour, depriving them of various entitlements, including minimum wage rates, overtime rates, casual loadings and penalty rates.
The Court also found the operator failed to make and keep relevant employee records.
Fair Work Ombudsman Sandra Parker says an inspector discovered the underpayments after initially auditing the Richmond restaurant as part of a compliance campaign targeting popular food precincts in 2016.
“Employers must ensure they comply with their lawful obligation to pay employees the minimum pay rates they are entitled to as Fair Work inspectors may arrive to check records anytime,” she says.
“The Fair Work Ombudsman will continue to target industries where we are concerned about the underpayment of overseas workers, as they can be particularly vulnerable and reluctant to request our assistance.”
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