Uploaded on Oct 31, 2022
Unpaid wages has been recovered after a national investigation into emerging restaurant and café franchises. Accurate wage calculation is paramount.
Over $730,000 in Unpaid Wages Recovered from Franchises
Over $730,000 in Unpaid Wages
Recovered from Franchises
$731,648 in unpaid wages has been recovered after a
national investigation into emerging fast food,
restaurant and café franchises. Almost 80% of stores
were found to be breaching the law. More than 50%
had underpaid staff.
Fair Work Inspectors audited franchises that have
recently commenced operations in Australia - Chatime,
GongCha, Hot Star Chicken, PappaRich, Sushi Izu, Nene
Chicken and The Sushi 79.
Franchises were selected based on intelligence data
that raised concerns about compliance with workplace
laws, including anonymous tip offs, requests for
assistance and stakeholder referrals.
Six of the seven emerging franchises were founded
overseas - five in Asia and one in the USA.
During the audits, Inspectors questioned employers
and employees in 76 stores and assessed time and
wages records. Inspectors found that almost 80 per
cent of the stores they visited breached at least one
workplace law.
More than 50 per cent of all businesses audited had
underpaid staff.
The most common workplace law breaches related to
pay slip obligations, penalty rates and other minimum
hourly rates of pay, and record-keeping.
The Fair Work Ombudsman said the audits confirmed
concerns about new franchise brands, often from
overseas, starting operations without due diligence on
workplace law compliance.
In response to the breaches, Inspectors issued 38
contravention letters, 13 infringement notices (totalling
$8780 in penalties for pay slip and record-keeping
breaches), eight compliance notices (requiring back-
payment of $61,745 for 68 employees) and 26 formal
cautions.
Recoveries of underpayments have occurred from 40
businesses, with more recoveries possible in relation to
matters still before the court.
The Fair Work Ombudsman also commenced court
action against six companies allegedly involved in the
most serious breaches, including the operator of three
PappaRich outlets in Sydney, a former Chatime
franchisee in Sydney, a company and two of its
directors operating two The Sushi 79 stores in Brisbane,
and the Chatime Australia franchisor Infinite Plus.
In August, the Federal Circuit Court ordered total
penalties of $125,700 in the The Sushi 79 action. In
November 2019, the FWO also secured $307,802 in
penalties in the Papparich action.
Every week, we are helping many small businesses
around Australia move away from manual payroll
systems and with their payroll wage calculations. If you
need some help, or are not sure whether you are
compliant, reach out for a confidential chat.
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