The Fair Work Ombudsman has commenced legal action for a second time against the operators of a Melbourne-based juice and coffee bar and a director.
Facing court are Rika Foods North Melbourne Pty Ltd, which operated a juice and coffee bar located inside the Sonsa Markets in Collingwood, and company director Radomir Pantovic.
The regulator began its latest investigation after receiving a request for assistance from a worker, in her early 20s, who had been employed by Rika Foods North Melbourne Pty Ltd on a casual basis.
It is alleged that a Fair Work Inspector formed a belief that between September 2020 and March 2021, Rika Foods North Melbourne Pty Ltd received $14,400 in JobKeeper payments from the Australian Taxation Office for the worker but failed to provide those payments to her.
The inspector issued a Compliance Notice to the company in November 2021 requiring it to provide all outstanding JobKeeper payments to the worker within four weeks.
The FWO alleges Rika Foods North Melbourne Pty Ltd, without reasonable excuse, failed to comply with the Compliance Notice. It's alleged Mr Pantovic was involved in the contravention.
Fair Work Ombudsman Sandra Parker said the regulator would continue to take business operators to court where lawful requests are not complied with.
"Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties in addition to back-paying workers."
"Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance," Ms Parker said.
The FWO is seeking penalties against Rika Foods North Melbourne Pty Ltd and Mr Pantovic for the alleged Compliance Notice contravention. The company faces a penalty of up to $33,300, while Mr Pantovic faces a penalty of up $6,660.
The regulator is also seeking an order for the company to comply with the Compliance Notice, which includes providing the $14,400 in JobKeeper payments to the worker, plus interest.
A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on 21 November 2022.
The matter follows the Fair Work Ombudsman commencing a separate legal action against Rika Foods North Melbourne Pty Ltd and Mr Pantovic in 2021. Last month, the Federal Circuit and Family Court ordered combined penalties of $11,988 for the failure to comply with a Compliance Notice requiring back-payment of entitlements to a visa holder worker.
