Not every Fair Work case starts with a complaint. Sometimes an inspector simply walks through the door. That’s how the Fair Work Ombudsman’s case against the operators of a Thai takeaway in southern Sydney began — and it has now ended up in court.

The case

On 7 October 2026 the Fair Work Ombudsman (FWO) announced legal action against Meung Thai Pty Ltd, which operated the Meung Thai takeaway restaurant in Hurstville, and its sole director, Thanyarat Khotdet.

Fair Work Inspectors visited the business as part of a proactive auditing campaign, then opened an investigation.

What the inspector found

In November 2024 an inspector issued Meung Thai Pty Ltd a Compliance Notice, having formed a belief that the company underpaid three casual workers under the Fast Food Industry Award 2020 between March and May 2023. Two of the three were international students on visas.

The alleged underpayments covered:

• minimum rates of pay
• casual loading
• penalty rates for evening, weekend and public holiday work

The notice required the company to calculate what was owed and back-pay it. The FWO alleges the company failed to comply without reasonable excuse, and that Ms Khotdet was involved in that failure.

The FWO also alleges the company didn’t issue pay slips at all.

What’s at stake

The FWO is seeking penalties in the Federal Circuit and Family Court in Sydney:

The FWO is also seeking orders that the company comply with the notice — calculating and rectifying any outstanding entitlements, plus superannuation and interest.

No court date has been set yet. These are allegations, and the court has made no findings.

Pay slips aren’t paperwork — they’re the law

The pay slip allegation is worth dwelling on. Two months of underpaid wages for three casuals is unlikely to be a large sum, yet the maximum penalty for the pay slip breach alone is close to $94,000.

Fair Work Ombudsman Anna Booth made the point that every employee must receive a pay slip, because it gives them clarity about what they’ve been paid. Employers are expected to provide one within one business day of payday.

Without pay slips, workers — especially young or migrant workers unfamiliar with Australian award rates — have little way to tell whether they’re being paid correctly. That’s exactly why the FWO treats missing pay slips seriously.

The regulator’s message

Ms Booth said the FWO will keep taking action in court where employers ignore lawful requests or record-keeping laws, and that courts can order both penalties and back-payment of entitlements. She reiterated that improving compliance in fast food, restaurants and cafés, and protecting visa holders, are FWO priorities.

Takeaways for food businesses

• Expect audits. The FWO runs proactive campaigns in high-risk sectors. Inspectors don’t need a complaint to visit.
• Know the Fast Food Award. Casual loading and evening, weekend and public holiday penalties are where takeaways most often go wrong.
• Issue pay slips every pay cycle, within one business day, showing hours, rates, loadings, penalties and super.
• Act on Compliance Notices. Pay what’s owed or seek advice and engage with the FWO before the deadline. Ignoring a notice turns a small underpayment into a court case.
• Directors are personally exposed when they’re involved in contraventions.

For workers

If you’re not getting pay slips or think you’re underpaid, contact the Fair Work Ombudsman for free help at fairwork.gov.au or on 13 13 94. Union members can also contact their union. Visa holders have the same workplace rights as everyone else.

Source: Fair Work Ombudsman media release, 7 October 2026. This post is general information, not legal advice.