The regulator investigated after receiving a request for assistance from a worker employed at the shop between 2017 and 2022.
A Fair Work Inspector issued a compliance notice to the Echuca business in February 2023 after forming a belief the company had received JobKeeper payments from the Australian Taxation Office for the worker in 2020 and 2021 but failed to provide those payments in full to the worker.
The inspector formed a belief that the company had underpaid the worker’s minimum wages owed under the Fast Food Industry Award 2010 and their annual leave entitlements.
The Fair Work Ombudsman alleges the business, without reasonable excuse, failed to comply with the compliance notice, which required it to calculate and back-pay the worker’s entitlements.
The FWO is seeking penalties in court for the alleged failure to comply with the compliance notice.
The regulator is also seeking court orders requiring the company to comply with the compliance notice, including calculating and rectifying any underpayments, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on Friday, February 14.
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