Chilli’s restaurant fined $39,000 over AWA breaches

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Chilli’s restaurant fined $39,000 over AWA breaches

A NSW restaurant has been fined $39,000 over breaches of the AWA laws involving its treatment of a female worker.

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A NSW restaurant has been fined $39,000 over breaches of the AWA laws involving its treatment of a female worker.

Sydney’s Federal Magistrates Court imposed the $39,000 penalty on Brinker Australia Pty Ltd for breaches concerning making and lodging an AWA in relation to employee Kirrily Piper.

Federal Magistrate Lloyd Jones found the company, who trades as Chilli’s Restaurant in Wollongong guilty of failing to:

  • provide Piper ready access to the AWA
  • provide information statement to Piper
  • lodge AWA within 14 days
  • advise Piper of the core hours of employment
  • provide Piper a minimum 20 hours paid employment in each 14 day cycle.

Privileged position

Ombudsman Nicholas Wilson said employers were in a privileged position when it came to agreement making and had the responsibility to ensure employees were able to make informed decisions.

‘Workplace laws are there to protect workers who may not be able to protect themselves,’ Wilson said.

In determining the penalty Federal Magistrate Lloyd Jones said: ‘I am satisfied that the penalty is just and appropriate in a situation where an organisation has adopted a policy approach to employment conditions which is advantageous to it but has failed to complete all of the necessary steps to ensure its compliance with the legislation introduced to maintain the protection of the individual.’

Brinker Australia Pty Ltd was ordered to pay damages of $720.25 plus interest to Piper.

Rajogopalan v Brinker Australia Pty Ltd [2008] FMCA 311 (14 March 2008)


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