Phat Elephant restaurant and owner Alyssa Phadungkiat have entered into a Court Enforceable Undertaking after underpaying workers between August 2016 and February 2018.
Fair Work Inspectors investigated after three Phat Elephant employees requested assistance. All three were Thai nationals in their late 20s on student visas during their employment.
Inspectors found the employees had been paid unlawfully low flat rates of between $12 and $17 an hour, resulting in underpayment of the ordinary hourly rates, casual loadings and weekend penalty rates they were entitled to under the Restaurant Industry Award.
The three employees were underpaid amounts of $13,141, $7,840 and $6,183.
Inspectors found laws relating to record-keeping and providing breaks were also breached, and the restaurant failed to comply with a Notice to Produce employment records issued during the investigation.
Fair Work Ombudsman Sandra Parker said Phat Elephant avoided litigation by promptly back-paying the workers in full and committing to measures aimed at ensuring future compliance.
“Every worker in Australia has the same workplace rights, regardless of their citizenship or visa status. It is unlawful and unacceptable to pay migrant workers a so called ‘market rate’ that undercuts the applicable minimum Award rates. The Australian market rate for these workers is not negotiable,” Ms Parker said.
Employers and employees seeking assistance can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94. Small business callers can receive priority service via the Small Business Helpline and an interpreter service is available on 13 14 50.
