Fair Work Ombudsman fines former Darwin CBD burger joint Good Thanks

A once popular Darwin burger joint has been fined after being found guilty of disregarding its obligations to adequately pay a young chef.

Good Thanks Burger in Darwin. Picture: Pema Tamang Pakhrin

A former Darwin CBD burger joint owned by a pair of young brothers has been hit with a fine after they were found guilty of failing to adequately pay a young worker.

The Fair Work Ombudsman secured a $21,645 penalty against Territory Tough Pty Ltd, former operators of burger restaurant Good Thanks on Knuckey St, in the Federal Circuit and Family Court.

The Ombudsman found Territory Tough failed to comply with a notice requiring it to calculate and back-pay entitlements owing to a worker employed as a full-time chef between May 2019 and June 2022.

Territory Tough was accused of failing to pay the young chef – who was aged between 17 and 20-years-old at the time and undertaking a commercial cookery apprenticeship – for time he spent attending registered training as part of his apprenticeship, as required under the Restaurant Industry Award.

Investigations were launched after a request for assistance was submitted by the chef to the FWO.

A notice was issued by the FWO in October 2022

Alex (L) and Edward James of Good Thanks in 2020 cracracked the national top 20 burger joints in Australia. Picture GLENN CAMPBELL

The FWO found Territory Tough had failed to comply with a court order made earlier in 2024 to back-pay the chef.

The court ordered $6118 of the total penalty be provided to the worker – which was the amount calculated as outstanding.

Judge Anastasis Liveris found Territory Tough displayed a disregard for its obligations under the Fair Work Act, and had shown no contrition for the breach.

He found there was a need to impose a penalty to deter Territory Tough and other employers from similar breaches in future.

“The exploitation of vulnerable employees undermines the objects of the workplace relations system,” Judge Liveris said.

“The fast food, restaurant and cafe industry has recorded high rates of non-compliance with workplace laws.

“The pecuniary penalty is required to act as a deterrent mechanism in preventing similar contraventions by people and organisations in the industry.”

Fair Work Ombudsman, Anna Booth. Picture: Paul Hermes

Fair Work Ombudsman Anna Booth said business operators that failed to act on compliance notices need to be aware they could face penalty and back-pay orders in court.

“When compliance notices are not followed, we will continue to take legal action to protect employees,” Ms Booth said.

“Employers who fail to act on these notices risk substantial penalties and back-pay orders.

Ms Booth said apprentices must be paid for time spent attending registered training.

She said any employees with concerns about their pay or entitlements should contact Fair Work for free advice and assistance.

Employers and employees can visit www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94 for free advice and assistance about their rights and obligations in the workplace.