Two Filipino workers in Sydney have allegedly been underpaid a total of nearly $100,000 by the former operators of a now-closed Japanese restaurant in Castle Hill.
The Fair Work Ombudsman (FWO) has launched legal proceedings in the Federal Circuit and Family Court against Kosu Group Pty Ltd, which operated Yakiniku Kosu, and its sole director, Sean Lee.
According to the FWO, Kosu Group brought the two Filipino nationals to Australia on work visas and paid them significantly below the legal minimum between May 2019 and September 2020, amounting to only about one-third of what they were entitled to under Australian workplace laws.
One worker, then aged 21-22, was employed as a food and beverage attendant. The other was a sous chef. Both reportedly worked long hours, including weekends, public holidays, and split shifts, sometimes clocking up to 128 hours in a fortnight.
Despite this, the FWO alleges the food and beverage attendant was paid $800 per fortnight, while the sous chef received $1,200 per fortnight – well below the minimum entitlements under the Restaurant Industry Award. This led to underpayments of $57,928 and $39,693, respectively.
The workplace watchdog also alleges that false and misleading payslips and time records were provided to its inspectors during the investigation, further breaching the Fair Work Act.
Sean Lee, the company’s director, is accused of being involved in all of the alleged breaches.
Fair Work Ombudsman Anna Booth called the alleged conduct unacceptable.
“Allegedly paying workers only about one-third of their total owed wages will not be tolerated,” she said. “We are committed to taking action to protect vulnerable workers in this country and ensure that employers who breach the law are held to account.”
Booth also reminded employers that proper record-keeping is a legal requirement, and that migrant workers have the same workplace rights as all others in Australia.
The alleged underpayments have now been repaid, and the court is set to hear the matter on 16 September 2025.
Kosu Group faces penalties of up to $33,300 per breach, while Mr Lee faces fines of up to $6,660 per breach.
The FWO has made protecting visa holders and improving compliance in the hospitality sector a priority. Between 2017 and 2024, the agency filed 146 legal actions involving visa holders and secured nearly $23 million in penalties.
Anyone seeking advice or wishing to report concerns can visit www.fairwork.gov.au or contact the Fair Work Infoline on 13 13 94. Free interpreter services are available on 13 14 50.
