The operators of now-shuttered Potts Point restaurant Metisse have been hit with a total of $33,600 in penalties following the underpayment of two workers.
Metisse Bar and Restaurant Group employed one of the workers as a cook and the other as a food and beverage supervisor on a full-time basis for various periods between February and May 2023.
After the workers, who were both French visa holders, requested assistance from the FWO, the regulator issued compliance notices to the restaurant requiring it to back-pay two workers a total of $7,733 in 2023.
The group’s failure to adhere to two compliance notices saw the FWO take them to court in 2024.
The company’s sole director, Opel Opu Khan, told Good Food in 2024 that he was leaving the restaurant sector for the most part, closing Bistronomie in Surry Hills as well as Acqua E Farina in Potts Point, leaving only Potts Point’s Pizza Boccone in operation.
Judge Robert Cameron the group and Khan had failed to act on the requirements of the compliance notices, despite having previously received underpayment complaints and dealt with other FWO notices effectively.
“The fact is that the respondents may return to the industry with which they are most familiar which, coupled with the possibility that there may be further contraventions of the Fair Work Act in the course of such engagement, means that there is a need for specific deterrence to deter the respondents from further contravening conduct should they employ workers in the future,” said Judge Cameron.
“I accept that there is a strong need to demonstrate to that industry and its employers that failure to comply with compliance notices will not be tolerated,” he added.
As a result, the Federal Circuit and Family Court has imposed $28,000 in penalties against Metisse Bar and Restaurant Group Pty Ltd and $5,600 in penalties against Khan.
In addition to the penalties, the Court ordered Metisse Bar and Restaurant Group to back-pay the workers in full, plus interest and superannuation. The underpayment has been only partially rectified to date.
Acting Fair Work Ombudsman Rachel Volzke said employers that failed to act on Compliance Notices needed to be aware they could face court-imposed penalties on top of having to pay workers.
“When Compliance Notices are not followed, we will continue to take legal action,” Ms Volzke said.
“Employers should be aware that taking action to protect visa holders and improve compliance in the fast food, restaurants and cafés sector are priorities for the Fair Work Ombudsman. Visa holders can be confident that if they raise workplace issues with us their visas will be protected.
Employers and employees can visit fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace. An interpreter service is available on 13 14 50.
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