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The Fair Work Ombudsman found the operators deliberately falsified wage records.
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Perth cafe issued with more than $190k in penalties
06 December 2022
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10 minute read
The Fair Work Ombudsman has secured $192,995 in penalties against the former operators of a Perth cafe after they were found to have deliberately falsified wage records.
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The Federal Circuit and Family Court imposed a $168,415 penalty against Quickpoint Pty Ltd, which formerly operated a cafe trading as Shimizu Harbour Town, along with a $24,580 penalty against the company’s sole director, Augustine Lawrence Chia.
The penalties were handed down after Quickpoint and Mr Chia admitted breaching record-keeping and pay slip laws, which included making false pay slips and time-and-wages records and providing them to the FWO during an investigation.
The FWO investigated the business after receiving a request for assistance from a worker, which led it to issue Quickpoint with a notice to produce documents.
On two separate occasions Quickpoint provided FWO inspectors with falsified records that showed that Quickpoint had paid two employees at the Shimizu Harbour Town cafe higher rates than was the case.
It was also found that Mr Chia had pressured the employees to tell inspectors that they had been paid the award rates when the company had only paid them $15–16 an hour.
Mr Chia had also written a letter to the employees telling them to not say anything about payment to the inspectors.
“Anything you say about me or the company about not paying according to award wage can lead to a heavy fine and closing of this business. This is very serious … if you say the wrong thing we will all be out of a job,” read the letter.
Judge Christopher Kendall said there had been a blatant attempt by Quickpoint and Mr Chia to manipulate or threaten employees with their jobs should they not help deceive the FWO.
“When the pay slips were produced to the employees, they contained false and misleading information which made it more difficult for them to discover how their rights had been treated in such a cavalier fashion,” said Judge Kendall.
“The need for general deterrence in this matter is high. Employers must be deterred from engaging in similar conduct.”
Fair Work Ombudsman Sandra Parker said employers who used false records to slow or deter investigations in underpayment allegations would face serious consequences.
“Falsifying records and providing them to the Fair Work Ombudsman is extremely serious conduct and it will be met with the strongest possible enforcement action,” said Ms Parker.
“Our experienced inspectors will test whether time and wages records are legitimate, if you use false records you will be found out.”
“Employers also need to be aware that taking action to improve compliance in the fast food, restaurant and cafe sector continues to be a priority for the FWO.”
The action comes as the Fair Work Ombudsman had been conducting surprise raids of cafes and restaurants across capital cities to increase compliance, with 77 Brisbane food shops raided last month and over $400,000 in unpaid entitlements discovered.
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