Fun Tea director penalised for record-keeping, pay slip breaches

Fun Tea director penalised

The Fair Work Ombudsman has secured a penalty in court against a company director formerly involved in operating three Fun Tea bubble tea outlets in the Adelaide CBD.

The $7,992 penalty was imposed by the Federal Circuit and Family Court against Yang Su, who was a director of the Yuxuan Group.

Su admitted she was involved in the business breaching the Fair Work Act when it was operating Fun Tea outlets on Gouger Street, York Street and in Rundle Mall.

The failures in record-keeping and pay slip provisions were in relation to 20 fast food workers who were mostly visa holders.

The Fair Work Ombudsman initially also took legal action against Yuxuan Group for breaching record-keeping and pay slip laws and allegedly underpaying the workers a total of $186,895.

However the proceedings were stayed when the company went into liquidation in 2021 and penalties and back-pay orders were not obtained against the company.

Some of the workers were back-paid a total of $50,897 after the Fair Work Ombudsman investigation.

Fair Work Ombudsman Anna Booth said record-keeping and pay slip contraventions were treated seriously because they could undermine the capacity of workers and Fair Work inspectors to determine whether full lawful entitlements had been paid.

“Employers also need to be aware that taking action to protect visa holders and improve compliance in the fast food, restaurant and café sector are among our top priorities,” Booth said.