On 25 June 2026, the Fair Work Ombudsman secured total penalty and back-pay orders of $10,438 against the former operators of a Wollongong restaurant.

The Federal Circuit and Family Court imposed penalties of $4,125 each against Amanda Hay and Suzanne Miller, who operated ‘The Pantry at Corrimal’ as a partnership before it closed. In addition, the Court ordered them to back-pay a young casual worker $2,188 in outstanding entitlements, plus interest and superannuation.

The worker, aged 20 at the time, was employed as a food and beverage attendant for a short period in August–September 2022. A Fair Work Inspector issued a Compliance Notice in April 2023 after determining that the worker had not been paid the correct casual minimum wages and penalty rates under the Restaurant Industry Award 2020. The operators failed to comply with the notice.

Why This Case Matters

Fair Work Ombudsman Anna Booth stated: “When Compliance Notices are not followed, we will continue to take legal action to ensure employees receive all they are owed… This case highlights that employers can face penalties that far exceed the amount they owed to an employee.”

Judge Rania Skaros described the contravention as “serious” and noted the limited cooperation and contrition shown by the operators. The Judge emphasised that the penalties significantly exceeding the amount owed “sends a clear message to potential contraveners… as to the personal consequences that may follow from a failure to take Compliance Notices seriously.”

Protecting young workers and improving compliance in the fast food, restaurants and cafés sector remain priority areas for the Fair Work Ombudsman. In 2024–25 alone, the FWO secured more than $870,000 in court penalties for failures to comply with Compliance Notices.

Key Lessons for Restaurant and Hospitality Operators

• Compliance Notices must be taken seriously.Ignoring them can result in court action and penalties that far outweigh the original underpayment.
• Young and casual workers are a focus area.Correct casual rates and penalty rates under the Restaurant Industry Award are essential.
• Even short periods of employment carry full Award obligations.
• Personal liability applies.Operators (including partners) can be held personally responsible

Practical Steps for Employers

1. Respond promptly and fully to any Compliance Notice issued by the Fair Work Ombudsman.
2. Regularly check that casual staff (especially younger workers) are paid the correct minimum rates and weekend/public holiday penalties.
3. Keep accurate time and wage records.
4. Use the Fair Work Ombudsman’s free tools, including the Pay Calculator and the online Compliance Notice course.
5. Seek advice early if you are unsure about Award obligations.

At HR Bridge Australia, we support hospitality and SME operators to stay on top of Award compliance, casual employment entitlements and Fair Work processes. Addressing issues early is far less costly than dealing with court action later.

If you have received a Compliance Notice, or simply want to confirm that your current pay practices for casual and junior staff are correct, we are here to help.