Fair Work Infoline: 13 13 94
Media Release
25 March 2010
Brisbane restaurant owner faces court over
alleged underpayment of workers
The Fair Work Ombudsman has launched a prosecution against the former owner
of a Brisbane restaurant, alleging he was involved in the underpayment of two
workers.
Facing court is Erick Berges, who was the sole owner and a manager of the
Picasso Pizza and Pasta restaurant on Albert Street before it closed last year.
Documents lodged in the Federal Magistrates Court in Brisbane allege Mr Berges
was involved in underpaying two employees at the restaurant a total of $15,322
between September, 2006 and January, 2008.
It is alleged that a kitchen hand employed on a casual basis was paid a flat rate
of just $10 an hour, resulting in underpayment of his minimum hourly rate, night
rates and public holiday rates.
The man, aged in his 40s, was allegedly underpaid a total of $12,161.
It is also alleged a cook employed on a casual basis at the restaurant was
underpaid a total of $3161 as a result of his minimum hourly rate and overtime
being underpaid.
Fair Work Ombudsman Queensland Director Julie Wade says the decision to
prosecute Mr Berges was made because the alleged underpayments had not been
rectified and because low-paid, vulnerable workers were involved.
“Individual hand-shake agreements to pay workers below Award rates are not
legal,” Ms Wade said.
The Fair Work Ombudsman alleges Mr Berges was involved in multiple breaches
of workplace laws. He faces a maximum potential penalty of $6600 per breach.
The Fair Work Ombudsman is seeking an order for any penalty imposed on Mr
Berges to be paid to the allegedly underpaid workers. The case is listed for
mention on April 14.
The Fair Work Ombudsman promotes harmonious, productive and co-operative
workplaces. It also monitors compliance and investigates breaches of national
workplace laws.
Employers or employees seeking assistance should contact the Fair Work Infoline
Media inquiries: Craig Bildstien, Director Media & Stakeholder Relations.
0419 818 484. craig.bildstien@fwo.gov.au
Ryan Pedler, Senior Adviser Media & Stakeholder Relations. (03) 9954
2561, 0434 365 924. ryan.pedler@fwo.gov.au
NEWS 
