Top Sydney restaurants have been flagrantly underpaying staff, flouting laws that could result in fines of $32,000 for each breach, a Fairfax Media investigation has found.
Fairfax Media reveals that the Spanish tapas restaurant El Bulli in Randwick and Surry Hills and two Crust pizza stores in Maroubra and Castle Hill have recently paid workers less than the minimum wage, which is currently $15.96.
Crust Pizza is a rapidly growing chain that quotes its chief executive, Michael Logos, as saying: ''Our culture is one of professionalism, entrepreneurship, teamwork and partnership, which helps to create delicious moments.''
El Bulli trades on its Spanish atmosphere, with mains in the range of $20 to $33.50.
The chain shares the name of the now-closed restaurant that was home to the experimental chef Ferran Adria but is not linked in any way.
The examples of underpayment at the restaurants, supported by payslips and other evidence, are on top of more than 40 restaurants reported to Fairfax Media by current and former workers.
But there are signs complaints are not being effectively addressed: of more than 52,000 complaints to the Fair Work Ombudsman in 2011 and 2012, only 3218 were followed up.
On Saturday, Fairfax Media revealed pizza chain Criniti's at Parramatta, Castle Hill and Darling Harbour, Wagaya in Haymarket, Sushi Fushion and Sushi Train in Neutral Bay were all paying some staff below the minimum wage.
Payslips from the El Bulli restaurants at Randwick and Surry Hills show a European kitchen hand on a student visa was being paid $12.50 an hour this month with no weekend penalty rates, while a Sydney waitress, Jemma Williams, 23, was being paid a flat rate of $15 in early 2012.
At the Maroubra Crust store, Amanda Pregl, a German student on a student visa, was paid $14 an hour, working seven days a week.
For two weeks, Ms Pregl, 25, was told by the owner of the store that she would not be paid until she provided her tax file number. She said she had not been paid for those two weeks.
''They were really taking advantage of me,'' she said. ''But I really needed the money and so that's why I didn't say anything.''
It was only when Ms Pregl told the owner she had been to the ATO and what he told her was incorrect, that she was given her pay. Two weeks later Ms Pregl was told she no longer had a job. Crust Pizza has not returned calls.
The NSW secretary of the union representing workers in the sector, United Voice, Tara Moriarty, said casual staff working in hospitality usually had high levels of fear. ''They are vulnerable to having their hours cut back or being left off the roster altogether if they fall foul of their boss,'' she said. ''We can and do help these members, but there really do need to be better laws to protect overseas workers who are even more vulnerable to this kind of exploitation.''
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see also Serving up inequality
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