“When compliance notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Ms Parker said.
“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO commenced an investigation after receiving a request for assistance from the affected worker, who was employed part-time at Mortlake Deli Fresh Café between July 2018 and November 2019. Her duties included preparing takeaway food and coffee.
A Fair Work Inspector issued a compliance notice to Mr Thulborn in March 2020 after forming a belief the worker had not been paid all entitlements owed under the Fast Food Industry Award 2010.
The inspector believed that the worker had been underpaid her part-time minimum wages, penalty rates for public holidays, early morning and weekend work, and was not paid accrued but untaken annual leave entitlements at the end of her employment.
Mr Thulborn also breached workplace laws by issuing payslips to the worker that did not contain the required information.