This is one of three applicants[1] whose claims for unpaid wages and pecuniary penalties against the same respondents were the subject of concurrent directions hearings before me. Whilst the monetary claims were separately set out, they were similar in terms of their scope. The same submissions as to pecuniary penalties were filed.
I have published a decision in the matter of Tzu-Chi Linv Mr Cheese Central Kitchen Pty Ltd & Ors.[2] I adopt my reasons for the imposition of pecuniary penalties and will confine my reasons in this decision to the quantification of the monetary claim and the pecuniary penalties that follow.
[2]
Based upon the unchallenged material filed by the applicant, I make the following findings.
The applicant commenced casual employment with the first respondent, Mr Cheese Central Kitchen Pty Ltd (Mr Cheese) on 25 October 2023, undertaking cooking duties. Between 1 April 2024 and 30 March 2025, that employment became full-time pursuant to a written contract of employment.
During that time, the applicant was paid less than the appropriate rates set out in the Hospitality Industry (General) Award 2020.
Further, the applicant was not paid for overtime worked, nor accrued holiday pay upon termination.
Although payslips indicate the payment of superannuation, no superannuation was paid.
Accordingly, the applicant is entitled to payment of the following amounts:
[3]
and accordingly I enter judgment against Mr Cheese for those amounts, with liberty to apply in relation to interest.
[4]
In her submissions, the applicant sets out the contraventions she alleges.
These are the same contraventions alleged in the matter of Tzu-Chi Lin.
As with the matter of Tzu-Chi Lin, I find the contraventions proved against Mr Cheese and the second respondent, Mr Liu.
For the reasons set out in Tzu-Chi Lin, I impose pecuniary penalties as against Mr Cheese in the sum of $180,000 and as against Mr Liu in the sum of $61,380. In each instance, the pecuniary penalty is to be paid to the applicant.
For the same reasons set out in Tzu-Chi Lin, the claim against the third respondent, Mr Cheese SA Holdings Pty Ltd, is dismissed.