Perth Restaurant Operators Penalised for Failing to Comply with a Fair Work Compliance Notice
Posted on February 5, 2026 by The HR Bridge Team
On 14 July 2026, the Fair Work Ombudsman secured a total of $52,242 in penalties and back-pay orders against the former operator of a Perth restaurant.
The Federal Circuit and Family Court imposed a $27,935 penalty against GCH Vic Park Pty Ltd, which previously operated ‘The Globe Pan and Grill’ in East Victoria Park, and a $5,587 penalty against the company’s director, Jay Patel.
In addition, the Court ordered the company to pay $18,720 in compensation to 18 workers, plus interest and superannuation.
What Happened
The Fair Work Ombudsman investigated the business as part of a proactive auditing campaign. A Compliance Notice was issued in July 2023 after an Inspector formed the belief that the company had underpaid multiple cooks and food and beverage attendants (engaged on full-time, part-time and casual bases) between December 2021 and July 2023.
The underpayments related to:
- Minimum wage rates
- Penalty rates for weekend work
- Accrued but untaken annual leave entitlements on termination
These entitlements were owed under the Restaurant Industry Award 2020 and the National Employment Standards.
The company failed to comply with the Compliance Notice. The director was found to have been involved in the breach.
Why This Case Matters for Perth and WA Hospitality Businesses
Fair Work Ombudsman Anna Booth reiterated a consistent message: “When Compliance Notices are not followed, we will continue to take legal action… Employers should be aware that taking action to improve compliance in the fast food, restaurants and cafés sector is a priority for the Fair Work Ombudsman.”
This local Perth case is a clear reminder that:
- Proactive audits by the Fair Work Ombudsman are occurring in Western Australia
- Directors can be held personally liable
- Penalties can significantly exceed the original underpayment amount
- Final pay (especially annual leave on termination) remains a common area of non-compliance
Key Lessons for Restaurant and Café Operators
- Compliance Notices must be taken seriously— ignoring them leads to court action and additional penalties.
- Weekend penalty rates and correct minimum rates under the Restaurant Industry Award are essential.
- Annual leave must be paid out correctly when employment ends.
- Directors and operators can face personal penalties.
- The hospitality sector continues to be a high-priority area for Fair Work enforcement.
Practical Steps for WA Hospitality Businesses
- Respond promptly and fully to any Fair Work correspondence or Compliance Notice.
- Regularly check that casual, part-time and full-time staff are receiving the correct Award rates and weekend penalties.
- Ensure final pay calculations (including annual leave) are accurate.
- Use the Fair Work Ombudsman’s free Pay Calculator and online Compliance Notice course.
- Keep clear time and wage records.
At HR Bridge Australia, based here in Perth, we specialise in helping local hospitality, café and restaurant operators stay compliant with the Restaurant Industry Award, manage casual employment correctly, and respond effectively to Fair Work notices. Getting these foundations right protects both your team and your business.
If you have received a Compliance Notice, or would simply like a confidential review of your current pay practices, we are here to help.
