A burger outlet in Darwin’s CBD is facing the Fair Work Ombudsman in court for failing to comply with a notice requiring it to back-pay a young apprentice.
The worker, who was engaged in a commercial cookery apprenticeship at Good Thanks from age 17 to 20 from 2019 to 2022, requested assistance from the Ombudsman after they were not paid for time spent training.
Inspectors formed a belief Territory Tough Pty Ltd, the operators of Good Thanks, had not paid the worker wages for training, which was part of the apprenticeship, under the Restaurant Industry Award 2010 and the Restaurant Industry Award 2020.
A compliance notice was issued, however Territory Tough failed to calculate and back-pay the worker without reasonable excuse.
“Where employers do not comply, we will take appropriate action to protect employees,” says Fair Work Ombudsman Sandra Parker.
“A court can order a business to pay penalties in addition to back-paying workers.”
“Employers should also be aware that taking action to improve compliance in the fast food, restaurant and café sector and protect vulnerable employees, such as young workers, are priorities for the FWO.”
Territory Tough now faces a penalty that can reach up to $33,300, with the Ombudsman also seeking a court order for the business to rectify the underpayments in full plus interest and superannuation.
A directions hearing will take place on 24 July.