The owner of cafe Busselton Bean & Gone, Roger Clark, has been fined $7,725 by the Industrial Magistrates Court for failing to comply with a court order to produce employment records.
An industrial inspector from the Department of Mines, Industry Regulation and Safety issued Mr Clark with two notices to produce employment records in 2021 as part of a proactive compliance campaign in the restaurant and cafe sector.
Mr Clark failed to produce those records and the Department initiated legal proceedings against him for failing to comply. The Industrial Magistrates Court fined him $4,900 in May 2022 and ordered him to produce the employment records.
Mr Clark failed to comply with the court order to produce the records, resulting in further proceedings against him.
Private Sector Labour Relations Executive Director Lorraine Field said the penalties reflected the seriousness of Mr Clark’s conduct.
“Employers are required by law to keep employment records and are required to produce them to an industrial inspector on request,” Ms Field said.
“Mr Clark not only ignored an industrial inspector, he also ignored a court order.
“As a result, he has now been penalised $12,625 in total by the Industrial Magistrates Court, illustrating the importance of employers taking their employment obligations seriously.
“Industrial inspectors will continue to conduct unannounced site visits in high risk industries such as hospitality, and we will initiate court proceedings as a last resort where we do not achieve voluntary compliance.”
A previous proactive campaign in the cafe and restaurant sector by industrial inspectors found that four out of five businesses did not comply with state employment laws.
Information on employer obligations and the changes to state employment laws is available at www.dmirs.wa.gov.au/wa-employers or by calling Wageline on 1300 655 266.
Media Contact: Caroline De Vaney, 6251 2363 or 0408 927 563 (media queries only)
