The Fair Work Ombudsman (FWO) has recently scored a win against the operators of Bakers Boutique & Patisserie, based in Melbourne. The win came after the court found they were guilty of failing to act on a Compliance Notice requiring it to calculate and back-pay entitlements to two of its employees who worked at outlets in Meadow Heights and Caroline Springs between 2016 and 2018.

The Federal Circuit and Family Court imposed a total of $60,480 in penalties against the operators of the business. $50,400 of this was imposed against Bakers Boutique & Patisserie operator Gothic Downs Pty Ltd, and $10,080 was imposed against Giuseppe Conforto, the company’s sole director.

These penalties were placed on top of the business having to back-pay the workers, one of whom was a visa holder from India, a total of $30,107

“When Compliance Notices are not followed, we are prepared to take legal action to ensure workers receive their lawful entitlements,” Fair Work Ombudsman Sandra Parker said.

“Employers also need to be aware that taking action to protect vulnerable workers like visa holders continues to be a priority for the FWO. Any employees with concerns about their pay or entitlements should contact us for free advice and assistance.”

The FWO investigated the matter after the workers themselves requested assistance and found that Gothic Downs had underpaid their minimum wages and penalty rates that are mandated under the General Retail Industry Award 2010.

The judge in the case inferred that the migrant worker from India had been taken advantage of by Gothic Downs deliberately, rejecting the company’s claims that they didn’t know how much the workers were owed.