Flattery v The Italian Eatery t/as Zeffirelli's Pizza Restaurant

In this case, the applicant, Ms Flattery, initiated proceedings against the respondent, The Italian Eatery trading as Zeffirelli's Pizza Restaurant, for various breaches of employment conditions and underpayments. The case was heard and determined by the Fair Work Division of the Federal Court. Ms Flattery alleged that the respondent failed to comply with several provisions of the Liquor and Allied Industries Catering, Café, Restaurant, Etc. (Australian Capital Territory) Award 1998, including clauses relating to meal breaks, penalty rates, and minimum wages, and also sought recovery of unpaid wages.

The court was tasked with determining whether the respondent had breached the specified award provisions and, if so, to what extent. Additionally, the court needed to assess the appropriate penalties for each breach and decide on the quantum of unpaid wages owed to Ms Flattery and two other employees, Mr Arrieta and Ms Cruz. The respondent contested some of the breaches and argued that any underpayments were due to administrative errors rather than deliberate non-compliance.

The Fair Work Division found that the respondent had indeed breached multiple clauses of the Award. The court meticulously reviewed each clause and the evidence provided, concluding that the breaches were both systematic and extensive. As a result, the court imposed penalties for each breach, as outlined in the orders. Furthermore, the court ordered the respondent to pay the outstanding underpayments to Ms Flattery and the two other employees, along with interest on these amounts. The court deferred the entry of the penalty payment order to allow the respondent some time to arrange the necessary funds.