Ramen restaurants to face court over entitlements

THE Fair Work Ombudsman has started legal action against the operators of four Japanese noodle eateries in Geelong and Torquay.

Shinya Geelong HR Pty Ltd and Shinya Torquay HR Pty Ltd are collectively the operators of Shinya Ramen and Bar Waurn Ponds, Shinya Ramen Geelong Waterfront and Bayview Bar and Grill, all in Geelong; and Shinya Ramen and Bar in Torquay.

The regulator investigated after receiving requests for assistance from four employees: three who were visa holders from Vietnam and China, and one Australian citizen who was 18 at the time.

The employees were variously engaged as cooks and waitstaff on a full-time or part-time basis – three in Geelong and one in Torquay – between November 2020 and July 2023.

A Fair Work Inspector issued Compliance Notices to Shinya Geelong HR and Shinya Torquay HR and Tao Mu, the sole director of both companies, in August 2023 after forming a belief the companies between them failed to pay employees’ minimum wages for ordinary hours, weekend rates, and public holiday rates, and accrued but untaken annual leave when their employment ended.

These entitlements were owed under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.

The Fair Work Ombudsman alleges Shinya Geelong HR and Shinya Torquay HR, without reasonable excuse, failed to comply with the Compliance Notices, which required them to calculate and back-pay the workers’ entitlements.

The regulator is seeking an order for the companies to pay a combined $9195.68, the sum allegedly owed to the four employees, plus interest and superannuation, as well as penalties.

Fair Work Ombudsman Anna Booth said the regulator would continue to enforce workplace laws and take businesses to court when they did not comply with lawful requests.

“Where employers do not comply, we will take appropriate action to protect employees. A court can order a business to pay penalties and make payments to workers.”

The FWO continues to prioritise improving compliance in the fast food, restaurants and cafes sector, as well as assisting migrant workers who can be vulnerable to exploitation.

“It is crucial visa holders know that they have the same workplace rights as all other workers, and protections for visas exist if they call out workplace exploitation. We urge workers with concerns about wages and entitlements to reach out to us,” Ms Booth said.

“Any employees with concerns about their pay or entitlements should contact the Fair Work Ombudsman for free assistance.”

A directions hearing is listed in the Federal Circuit and Family Court in Melbourne on October 7.

For more information and advice about rights and obligations in the workplace, head to fairwork.gov.au or phone 13 13 94.