Former Tusk cafe bar operator faces court for breaching Fair Work Act

Former Tusk cafe bar operator Monaco Willows is facing court for allegedly underpaying and deducting money from a worker’s pay without permission.

The Fair Work Ombudsman received a request for assistance from a visa holder who worked as a full-time chef with Monaco Willows from October 2021 to April 2023.

The company allegedly deducted a combined $3610 from the employee’s pay, which it said was for food, coffee and drinks, without the worker’s authorisation in writing.

A Fair Work inspector also formed a belief that the worker was underpaid minimum wages, public holiday and overtime rates and annual leave entitlements, under the Restaurant Industry Award 2020 and the Fair Work Act’s National Employment Standards.

Monaco Willows is facing penalty of up to $93,000 while its sole director and secretary, Francis Placentino, is facing penalty of up to $18,780 for the unlawful deductions.

On top of that, the FWO is seeking penalties of up to $46,950 from Monaco Willows and up to $9390 from Placentino for the alleged failure to comply with the compliance notice, requiring the company to calculate and back-pay entitlements to the worker.

“Unlawful deductions from workers’ wages, like we are alleging to have happened in this matter, are unacceptable,” said  Anna Booth, Fair Work Ombudsman.

“Employers should also be aware that taking action to protect migrant workers and improve compliance in the fast food, restaurants and cafés sector are priorities for the Fair Work Ombudsman.”

A hearing for the case is set at the Federal Circuit and Family Court in Melbourne on February 14 next year.

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