The Fair Work Ombudsman is taking legal action against two former Oliver Brown Cafe franchisees and the sole director of both companies, for alleged breaches affecting seven migrant workers.
Three of the seven workers employed as wait staff between October 2023 and July 2025 were overseas students, three were aged 22 to 24. All were visa holders.
Achon Pty Ltd was the Oliver Brown Cafe franchisee in Newcastle’s Marketown Shopping centre, and Echon Pty Ltd operated the Charlestown cafe.
Each company faces a penalty of up to $99,000 for failing to comply with a Compliance Notice. The sole director, Rachel Lee, faces penalties of up to $19,800 per contravention for her alleged involvement in the failure to comply.
Fair Work Inspectors issued Compliance Notices to both companies in February 2026 after concluding the seven workers had not received their full entitlements under the Restaurant Industry Award 2020 and the Fair Work Act.
Alleged underpayments include casual loadings
The Inspectors believe the employees were underpaid minimum wages, casual loadings, overtime rates, and penalty rates for weekend and public holiday work, and that one worker was also underpaid annual leave entitlements.
The FWO alleges both companies failed to comply with the Compliance Notices requiring them to calculate and back-pay the workers’ entitlements, estimated at $29,193, with one worker owed $14,852.
Fair Work Ombudsman Anna Booth said the regulator will continue to enforce workplace laws and take businesses to court when they failed to comply with lawful requests.
“Employers should be aware that taking action to improve compliance in the fast food, restaurants and cafés sector and protecting young and migrant workers are priorities for the Fair Work Ombudsman,’ Booth said.
The regulator is also seeking orders requiring the companies to comply with the Compliance Notices, including paying allegedly outstanding entitlements, plus interest and superannuation.
A directions hearing is listed in the Federal Circuit and Family Court in Sydney on 20 November 2026.
