Just a short time after taking a Queensland bakery to court over the same thing, the Fair Work Ombudsman has commenced legal proceedings against the former operators of a Melbourne-based Vietnamese bakery for failing to back-pay an employee.

The proceedings are being brought against the former operators of the establishment, Luke’s Bakery, VUF Investments Pty Ltd, and the sole director, Hoang Long Vu.

After being contacted by the former employee in question, the Ombudsman investigated the matter.

The investigator found that the employee was underpaid wags, overtime rates, Sunday penalty rates, and annual leave entitlements.

A Compliance Notice was issued to VUF Investments in October requiring them to back-pay the worker.

Although they paid back roughly $1,200, the Ombudsman will allege that there is more money owing.

In an interview with Mirage News, Fair Work Ombudsman Sandra Parker said, “Where employers do not comply, we are prepared to take appropriate legal action to ensure employees receive their lawful entitlements. A court can order a business to pay penalties on top of having to back-pay workers.”

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free advice and assistance.”

This latest action by the Ombudsman comes after a Queensland bakery received $11,833 in penalties in September over failing to back-pay or issue payslips to a worker after a Compliance Notice had been issued.

Woolshed Bakery in Tara will have to pay this penalty amount in addition to what it still owes to the worker who did not receive the correct pay.

The Luke’s Bakery case is currently set to land in court for a directions hearing on 19 December 2022.