The Fair Work Ombudsman (FWO) has initiated legal proceedings against Sabcha Pty Ltd, the operator of 11 P’Nut Street Noodles restaurants in Sydney, Brisbane, and the Sunshine Coast, for allegedly underpaying 118 workers a total of $976,463 between April 2019 and May 2021.
The affected employees were mostly migrant workers from countries including the Philippines, Thailand, Vietnam, India, and Indonesia. They were employed as cooks, kitchen hands, and front-of-house service staff. Alleged individual underpayments ranged from $70 to as much as $79,000.
The case was uncovered after a number of underpayment allegations were submitted through the Fair Work Ombudsman’s anonymous report tool. In response, Fair Work Inspectors conducted surprise audits, which allegedly revealed widespread underpayments and breaches of workplace laws across the chain.
The FWO alleges that Sabcha Pty Ltd paid unlawfully low flat rates, leading to underpayment of minimum wages, penalty rates, overtime, split-shift allowances, and leave entitlements. The company is also accused of breaching record-keeping and pay slip obligations by providing false or misleading wage records to inspectors.
Fair Work Ombudsman Anna Booth described the alleged conduct as “completely unacceptable.”
“Record-keeping is a bedrock obligation for any employer,” she said. “We allege Sabcha failed to provide both its employees and our inspectors the accurate pay slips the law demands, instead providing false or misleading records.”
She added that taking action to protect migrant workers and improve compliance in the fast food, restaurant, and café sector remains a high priority.
Some of the breaches by Sabcha, including allegedly providing false records and knowingly underpaying annual leave, are classified as serious contraventions under the Protecting Vulnerable Workers laws. These attract a maximum penalty of $666,000 per breach — ten times higher than standard penalties. For other alleged breaches, the company faces penalties of up to $66,600 per breach, while company director Ankur Sehgal faces penalties of up to $13,320 per breach.
The bulk of the alleged underpayments — more than $632,000 — occurred across seven Sydney stores, while the remaining $343,871 occurred in four Queensland locations.
The FWO is also seeking an order for full back-payment of all affected workers, with interest and superannuation. A directions hearing is scheduled at the Federal Circuit and Family Court in Sydney on 28 April 2025.
Between 2017 and 2024, the Fair Work Ombudsman filed 146 litigations involving visa holder workers and secured nearly $23 million in penalties.
Migrant workers — including Filipino temporary visa holders and international students — who believe they may have been underpaid are encouraged to contact the Fair Work Ombudsman for free advice and assistance. Help is available in multiple languages, and workers can also submit concerns anonymously through the FWO’s report tool.
