The Fair Work Ombudsman has secured $65,438 in penalties in Court against the former franchisee of two Subway outlets in Sydney for underpaying a Chinese worker more than $16,000.
The Federal Circuit Court penalised Danmin Zhang $9,255 - who formerly operated Subway franchise outlets at Artarmon and Stanmore. The company Ms Zhang and her husband operate, G & Z United Pty Ltd, has been penalised a further $56,183.
Fair Work Inspectors found the worker, a Chinese national, had been underpaid a total of $16,345 for work performed across both stores, after she was paid unlawful flat rates of $14 to $14.50 per hour.
Under the Fast Food Industry Award 2010, she was entitled to receive minimum rates of more than $18, plus casual loading, for ordinary hours, and penalty rates of up to $52.22 on public holidays.
The affected worker, a casual food and beverage attendant aged in her late 20s, was underpaid between October 2014 and April 2016. She was in Australia on a Skilled Nominated (subclass 190) visa at the time. The worker was back-paid in full in 2017.
Source: Fair-Work-Ombudsman---Subway-Franchisee-penalised-65000.pdf