The Fair Work Ombudsman has commenced legal action against the operator of a take-away food business at Echuca, in regional Victoria.
Facing court is Echuca Kebabs Pty Ltd and the company's sole director Zekeriye Bilir.
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 Echuca Kebabs 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 her.
The inspector formed a belief that the company had underpaid the worker's minimum wages owed under the Fast Food Industry Award 2010 and her annual leave entitlements.
The Fair Work Ombudsman alleges Echuca Kebabs, without reasonable excuse, failed to comply with the Compliance Notice, which required it to calculate and back-pay the worker's entitlements. It is alleged Mr Bilir was involved in the contravention.
Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses 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 and make payments to workers," Ms Booth said.
"Employers should also be aware that taking action to improve compliance in the fast food, restaurants and cafes sector is a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance."
The FWO is seeking penalties in court for the alleged failure to comply with the Compliance Notice. Echuca Kebabs Pty Ltd faces a penalty of up to $41,250 and Mr Bilir faces a penalty of up to $8,250.
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 14 February 2025.
