“Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”
The FWO investigated after receiving requests for assistance from the affected workers, who were employed at the restaurant for various periods between February and July 2020. Three of the workers were on working holiday visas and three were international students.
A Fair Work Inspector issued Compliance Notices to Corinthian Capital in December 2020 after forming a belief that the workers had not been paid entitlements owed under the Restaurant Award 2010, Restaurant Award 2020 and the National Employment Standards.
The inspector formed a belief that five of the casual workers were not paid at all for work performed and that the other six workers had been underpaid entitlements including minimum rates for ordinary hours, annual leave entitlements, casual rates, and penalty rates for weekend and public holiday work.
Judge Nicholas Manousaridis found that the failure to comply with the Compliance Notices was deliberate and that Corinthian Capital and Mr Trainer had not attempted to take any corrective action.
Judge Manousaridis noted the need for general deterrence in the hospitality industry and specific deterrence in light of Corinthian Capital registering four new businesses since April 2021.