The Fair Work Ombudsman has taken legal action against Japanese noodle eateries, Shinya, for their failure to pay their employees’ minimum wages. 

Operators Shinya Geelong and Shinya Torquay have been issued with compliance notices after four employees, three of whom were visa holders from China and Vietnam, reported that the company failed to pay minimum wages for ordinary hours, weekend rates, and public holiday rates, and accrued but untaken annual leave between November 2020 and July 2023, after their employment had ended. 

The Fair Work Ombudsman has alleged that the operators failed to comply with the notices, without reasonable excuse, which required them to calculate and back-pay the workers’ entitlements. 

An order for the companies to pay a combined sum of $9195.68, plus interest and superannuation, has been sought by the regulator. 

Additionally, the regulators have sought a penalty of $46,950 for each of the companies, while Tao Mu, the sole operator of both companies, is facing a penalty of up to $9390 for his alleged involvement with the contraventions of each operator. 

“Where employers do not comply, we will take appropriate action to protect employees,” said Fair Work Ombudsman Anna Booth.

“A court can order a business to pay penalties and make payments to workers.

“It is crucial that visa holders know that they have the same workplace rights as all other workers, and protections for visas exist if they call out workplace exploitation.”