What’s happening
The Fair Work Ombudsman has secured a $7,512 penalty in court against former company director Ilhan Harman after a breach that affected a young casual worker in central Queensland. The Federal Circuit and Family Court imposed the penalty in response to Mr Harman’s involvement in Harmans Food Group Pty Ltd failing to comply with a Compliance Notice.
Mr Harman was the sole director of the company, which operated Hero Kebab and Cafe outlets in various central Queensland locations. Harmans Food Group is now in liquidation.
Why it matters
The Compliance Notice required the company to calculate and back pay a young worker’s entitlements. Fair Work Ombudsman Anna Booth said employers who fail to act on Compliance Notices should expect legal action.
“When Compliance Notices are not followed, we will continue to take legal action,” Ms Booth said. “Employers also need to be aware that taking action to protect young workers is among our top priorities. Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”
Local impact
The underpayments related to work done at two Hero Kebab and Cafe outlets in the Rockhampton CBD. The young worker was employed on a casual basis between March and September 2022, when she was aged 22 to 23.
The case highlights the importance of meeting entitlements for local workers and following workplace laws.
By the numbers
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The worker was employed casually across two Rockhampton CBD outlets between March and September 2022 when she was 22 to 23 years old.
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The Compliance Notice required Harmans Food Group to pay $6,766 in entitlements plus superannuation.
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The court imposed a $7,512 penalty on former director Ilhan Harman for failing to comply.
Zoom In
The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker. A Fair Work Inspector issued a Compliance Notice in August 2023 after forming a belief that the worker was owed entitlements under the Fast Food Industry Award 2010 and 2020.
The inspector believed the worker had been underpaid minimum wages, casual loading, overtime, and penalty rates for weekend work.
Zoom Out
Judge Gregory Egan said it is important that all employers comply with workplace relations laws.
“It is important that all businesses, big and small, comply with workplace relations legislation, and that people and corporate entities be deterred from breaching such legislation…” Judge Egan said. “Those who are in the position of determining the actions of an employer’s business ought to particularly appreciate that they are required to comply with the provisions of workplace relations legislation.”
What to look for next
The Fair Work Ombudsman continues its focus on Compliance Notice enforcement and young worker protections. Employers and employees can seek free advice and assistance through the Fair Work Ombudsman website or by calling the Fair Work Infoline on 13 13 94.
A free interpreter service is also available on 13 14 50, and employees may seek support from their employer or union.
