T & Sons Pty Ltd, trading as Mount Ommaney Bakehouse, has been penalised $22,050 and its manager Ms Rosa Vo has been penalised a further $4,410 in the Federal Circuit Court.
The penalties were imposed in response to the company failing to comply with a compliance notice requiring it to calculate and back-pay entitlements owing to a 15-year-old employee who had worked as a casual shop assistant at the Bakehouse. Ms Vo was involved in the breach.
The office of the Fair Work Ombudsman investigated the matter after the junior employee lodged a request for assistance.
A Fair Work Inspector issued the compliance notice in January after forming a belief the company underpaid the employee for work in February and March 2019, including not paying the employee for all hours worked.
The inspector believed the company breached minimum wages, casual loading, and evening and weekend penalty rate obligations under the General Retail Industry Award 2010.
Fair Work Ombudsman Sandra Parker said businesses that fail to act on compliance notices face court-imposed penalties in addition to having to backpay any underpaid staff.
“Compliance notices are important tools used by inspectors to ensure workers receive their lawful entitlements, and we will not tolerate them being ignored. We make every effort to secure voluntary compliance with compliance notices, but where they are not followed, we are prepared to take legal action,” Ms Parker said.
“The Fair Work Ombudsman will continue to take action through both enforcement and education to improve workplace compliance in 2021.”