Minto Nominees fined $10k over underage worker charges at Rosebud Plaza and Berwick
The owner of two fast-food franchise stores, including one at Rosebud Plaza, was “homless” when he broke rules designed to protect “most vulnerable workers”.
South East
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A Donut King operator has been fined $10,000 after breaching child employment rules at outlets at Rosebud Plaza and Berwick.
Sam Minto, the sole director of Minto Nominees Pty Ltd, fronted Melbourne Magistrates Court on Friday to answer 70 charges brought against the business by the state’s employment watchdog.
He plead guilty to 12 rolled up charges including the “most serious” offence of failing to ensure multiple children aged between 13 and 15-years-old were supervised by someone cleared to work with children.
Mr Minto also agreed the business had failed to provide adequate rest breaks for the children.
The offences took place between January 1 and July 6, 2024.
The maximum penalty for each offence is $47,422.
The court heard Minto Nominees were investigated by Victoria’s Wage Inspectorate after a tip off from the public that children under 15 were working at the businesses.
The children’s duties included taking orders, handling sales, making coffee, operating the doughnut cooking machinery and making toasted sandwiches.
Children as young as 13 are able to work in hospitality but strict rules govern their employment.
Child employment laws stipulate that employees aged 13-15 can work for a maximum of three hours a day and 12 hours a week.
During school holidays children aged 13-15 can be employed for up to six hours a day.
The court heard Mr Minto, of Berwick, started operating his first Donut King franchise in Mount Gambier, SA, in 2014.
The move into doughnuts came after the steelworker, who now lives in Cranbourne, was made redundant.
Mr Minto took on three more Donut Kings in Rosebud Plaza, Berwick, Traralgon and Sale.
The Berwick business has since been sold.
When the employment beaches took place Mr Minto and his family had been made temporarily homeless following the collapse of Porter Davis Homes.
The court heard he was “mortified” to learn the business had breached employment laws and that while staff supervising the children did not have the correct working with children clearance, they did have working with children checks.
Mr Minto no longer employs children under 15.
In sentencing, Deputy Chief Magistrate Tim Bourke noted that children were among the most vulnerable members of society and that parents trusted employers to have protective measures in place when their children enter the workforce.
He took into account Mr Minto’s early plea and remorse and ruled that no conviction should be recorded.