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The operator of Café Baci at Melbourne's Crown Casino is facing court for allegedly short-changing 54 workers.
In a claim brought by the Fair Work Ombudsman against Melbourne man Len Di Pietro and his company Ital One Holdings Pty Ltd, it is alleged that his employees were underpaid a total of $73,347.
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This is not the first time that Di Pietro, who owns and operates Café Baci as well as a number of other cafes and restaurants across Melbourne, has been in hot water for underpaying workers.
The Ombudsman alleges that Di Pietro paid his employees a flat rate as low as $16 for all hours worked.
And that those affected were working as waiters, kitchen hands, chefs and in other roles, 25 of whom were visa holders from a variety of countries including France, Italy and India.
One employee on a 417 visa was allegedly underpaid $4,807 over a three month period in 2015. The individual should have received the award minimum wage of $23.09, but instead was paid a flat rate of $17.18.
Another employee, a food and beverage attendant, was allegedly underpaid $5,433 between June and September in 2016.
The Fair Work Ombudsman discovered most of the alleged underpayments when it conducted a proactive audit of Café Baci in 2015.
The alleged underpayments have now been 'almost fully rectified'.
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The Ombudsman had previously put Di Pietro and Ital One Holdings on notice back in 2007 following 12 underpayment allegations.
In 2014, Ital One Holdings was ordered by the Federal Circuit Court to back-pay three workers a total of more than $32,000.
Fair Work Ombudsman Natalie James says a key factor in the decision to commence legal action was that alleged underpayments of vulnerable workers had occurred despite the education provided to Di Pietro and Ital One Holdings.
She says, “It is simply unacceptable for an employer to continue to underpay workers after being directly educated on their obligations to meet minimum employee pay rates and having been ordered by a Court to back-pay workers.
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“We also treat cases involving underpayment of overseas workers particularly seriously because we are conscious that they can be vulnerable due to a lack of awareness of their entitlements, language barriers and a reluctance to complain.”
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Ital One Holdings faces penalties of up to $54,000 per contravention, while Di Pietro faces penalties of up to $10,800 per contravention.