Melbourne café and restaurant business in court
The Fair Work Ombudsman has commenced legal action against the former operator and director of a Melbourne-based café and restaurant business.
Facing court are P49 Collingwood Pty Ltd, which traded as Project 49 in Collingwood before it closed, and the company’s sole director, Rocco Esposito.
The regulator investigated after receiving a request for assistance from a worker P49 Collingwood employed at Project 49 in Collingwood between February 2021 to August 2022.
The worker was employed full time to perform barista, managerial and supervisory duties.
A Fair Work Inspector issued a Compliance Notice to P49 Collingwood in November 2022 after forming a belief the worker was owed entitlements under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.
The inspector formed a belief that the worker had not been paid any wages in her final two weeks of employment and was not paid her accrued but untaken annual leave entitlements when her employment ended.
The Fair Work Ombudsman alleges P49 Collingwood, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker’s entitlements. It is also alleged that the company failed to issue pay slips to the worker.
It is alleged Mr Esposito was involved in the breach of pay slip laws.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court where lawful requests are not complied with.
“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers,” Ms Booth said.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and café sectors is among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
The FWO is seeking penalties in court. P49 Collingwood faces a penalty of up to $41,250 for the alleged failure to comply with the Compliance Notice.
In addition, for the alleged pay slips breach, P49 Collingwood faces a penalty of up to $66,600 and Mr Esposito faces a penalty of up to $13,320.
The regulator is also seeking orders for the company to rectify the alleged underpayment in full, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 13 February 2024.
Fair Work Ombudsman, 11th January 2024
