Multiple noodle restaurants in Victoria, which share the same company director, have been fined $42,799 in total, following investigations by the Fair Work Ombudsman into breaches against young and migrant workers.
These penalties came shortly after another Victorian takeaway business was fined for failing to comply with compliance notices, following FWO proceedings.
The Federal Circuit and Family Court imposed a $14,085 penalty on Shinya Geelong HR, a $14,085 penalty on Shinya Torquay HR and $5634 in penalties on the sole director of both companies, Tao Mu.
Also, Echuca Kebabs in Echuca was fined $10,312.50. Its director, Zekeriye Bilir, was fined an additional $2062.50.
The companies used to operate Shinya Ramen and Bar Waurn Ponds, Shinya Ramen Geelong Waterfront, and Bayview Bar and Grill, all in Geelong, and Shinya Ramen and Bar in Torquay on Victoria’s Great Ocean Road.
Penalties were imposed in response to the companies’ failures to comply with two notices requiring them to calculate and back-pay four workers’ entitlements. The FWO said that Mu was involved in the contraventions. Workers included three visa holders from Vietnam and China, and one Australian citizen who was 18 while employed at Shinya.
“In addition to the penalties, the companies have been ordered to make back-payments to the workers totalling $8995, plus interest and superannuation,” the FWO added.
Fair Work Ombudsman Anna Booth warned companies that she will continue to take action if needed to protect workers’ rights.
“The amount the companies were required to back-pay to workers to comply with the compliance notices was significant, but the total penalties in this case are now more than three times that amount,” Booth said.
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurants and cafés sector, as well as protecting young and migrant workers, are among our top priorities.
“Visa holders should remember there are protections for their visa if they speak out.
Judge Amanda Mansini, who decided upon the judgment, said that Mu “chose not to comply” with the notices.
“The [employers’] contraventions were deliberate and, without reasonable excuse, can only be characterised as a blatant disregard of his statutory obligations under the act,” Mansini said.
