The Fair Work Ombudsman will prosecute the operators of an Eagle Boys pizza outlet in regional New South Wales for allegedly paying its employees just AU$9 an hour.

Facing court is Stacborn Pty Ltd, which runs an Eagle Boys franchise at Cessnock.

Court documents allege the company underpaid 17 delivery drivers and two shop assistants a total of AU$48,905 between October, 2008 and June, 2010. Five of the staff were under 18 at the time.

The delivery drivers were allegedly paid a flat rate of AU$9 an hour, but the Fair Work Ombudsman says the juniors should have been paid at least AU$12 and the adult workers between AU$14 and AU$18.

A male employee in his 20s was allegedly underpaid $11,478. 

Fair Work inspectors discovered the alleged underpayments when they investigated a complaint lodged by one of the employees. Only a small portion of the total outstanding amount has been back-paid.

The Fair Work Ombudsman alleges Stacborn Pty Ltd committed several breaches of workplace laws. The maximum potential penalty per breach is $33,000. The Fair Work Ombudsman is also seeking a Court Order for back-payment of the money allegedly still owed to the workers.

The case is listed for a directions hearing on February 14 2012 in the Federal Magistrates Court in Sydney.

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