Fresh food retailer and café
The Fair Work Ombudsman (FWO) has initiated legal action in the Federal Circuit Court against BP Foods Pty Ltd (BP Foods), which operated Food Lovers Fresh at the Sunshine Coast Home Shopping Centre until the business closed in March 2020.
The FWO began an investigation after receiving a request for assistance from an employee, who was previously employed as a full-time chef at BP Foods from November 2019 to March 2020.
In September 2020, a Fair Work Inspector distributed a Compliance Notice to BP Foods, after establishing concern that the employee had not been paid entitlements owed under the National Employment Standards at the conclusion of their employment. Specifically, the employee had not been compensated in lieu of notice of termination and paid accrued annual leave.
The FWO has alleged that BP Foods failed to comply, without reasonable excuse, with the Compliance Notice.
The FWO specified that, “Compliance Notices are important tools used by inspectors to deal with apparent contraventions of the Fair Work Act or industrial instruments, most typically Modern Awards,…”
“Where employers do not respond to or comply with these Notices, we will take appropriate enforcement action to protect employees. A court can order a business to pay penalties for not complying with such a Notice, in addition to back-paying workers as appropriate.”
Therefore, the FWO is pursuing a penalty against BP Foods. BP Foods receives a maximum penalty of $33,000, for allegedly failing to abide with the Compliance Notice issued.
The regulator also requires an order for BP Foods to obey the Compliance Notice, including the rectification of any underpayments in full, with the addition of interest. A directions hearing is scheduled in the Federal Circuit Court in Brisbane on 27 August 2021.
Please reach out to our Workplace Relations Team on (07) 3872 2222 or at workplacerelations@amaq.com.au, if you have any questions or queries about concerns of underpayment, award compliance and workplace laws.