Contraventions led to a casual worker getting underpaid for about 13 months
A former Melbourne bar operator has been ordered to pay an $8,667 penalty after failing to comply with workplace laws, according to the Fair Work Ombudsman (FWO).
The Federal Circuit and Family Court imposed the fine on sole trader Tamer Yesilbas, former owner of The Dock Lounge in Docklands, in response to breaches of pay slip regulations and non-compliance with a Compliance Notice.
The FWO began investigating following a complaint from a casual worker, an Italian visa holder who worked at the now-shuttered bar between December 2022 and January 2023.
A Compliance Notice was issued in July 2023 after an inspector determined that the employee had been underpaid in minimum wages, overtime, and penalty rates applicable under the Restaurant Industry Award 2020.
In court, Judge John O'Sullivan said that Yesilbas' contraventions led to the employee not getting correctly paid their lawful entitlements for approximately 13 months.
"I accept that although the respondent is no longer operating the business, the subject of these proceedings the ABN (Australian Business Number) remains registered and is linked to six separate business names, and therefore because of this the respondent may be responsible for the engagement of employees and have obligations under the [Fair Work] Act in the future," O'Sullivan said in imposing the penalty.
In addition to the penalty, the court also directed Yesilbas to repay $1,932 in outstanding entitlements to the worker.
The former bar operator had already paid $2,000 of the debt after legal proceedings commenced.
Fair Work Ombudsman Anna Booth emphasised that legal consequences await those who ignore compliance directives.
"When Compliance Notices are not followed, we will continue to take legal action to protect employees. Employers who fail to act on these notices risk substantial penalties in addition to the need to back-pay workers," Booth said in a statement.
She added that enforcing workers' rights — particularly those of migrant workers — remains a top priority.
"Employers also need to be aware that taking action to protect migrant workers and improve compliance in the fast food, restaurants, and cafés sector are among our top priorities."
The FWO has recently been carrying out surprise visits to businesses to look at whether they are compliant with their workplace obligations.
It has pursued 146 legal actions involving visa holder workers and secured nearly $23 million in penalties over the past seven financial years.
