Misclassification
Cases involving incorrect classification of employment type or award level.
59 misclassification decisions on file. Plain-English summaries with links to the original judgment. Ask the AI advisor about your situation — Plus members get full case-law citations in answers.
Fair Work Ombudsman
FWO-2026-03-25-hoppers-trailer-pty-ltd-cn-penalty-media-release · Fair Work Ombudsman
Hoppers Trailer Pty Ltd, a Melbourne-based trailer manufacturer, and its sole director, Gurpinder Singh, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance No…
Fair Work Ombudsman v Jats Joint Pty Ltd
[2026] FCAFC 25 · Federal Court
The Fair Work Ombudsman brought proceedings against Jats Joint Pty Ltd concerning the interpretation of the Social, Community, Home Care and Disability Services Award 2010. The central dispute was whether a night shift l…
Fair Work Ombudsman v Torrens University Australia Limited
[2026] FCAFC 17 · Federal Court
The Fair Work Ombudsman issued a compliance notice to Torrens University Australia Limited under section 716(2) of the Fair Work Act 2009. The notice concerned how the university was paying casual academic staff for lect…
Fair Work Ombudsman
FWO-2026-03-06-shinya-torquay-hr-pty-ltd-and-shinya-geelong-hr-pty-ltd-compliance-notice-penalty-media-release · Fair Work Ombudsman
Shinya Geelong HR Pty Ltd and Shinya Torquay HR Pty Ltd, former operators of ramen restaurants in Geelong and Torquay, Victoria, have been penalized for failing to comply with Compliance Notices. The Fair Work Ombudsman …
Fair Work Ombudsman
FWO-2026-02-26-sadamatsu-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Katsuyoshi ‘Ken’ Sadamatsu, a former part-owner and manager of the ‘Miso World Square’ Japanese restaurant in Sydney. It is alleged that between June 2020 and Se…
Fair Work Ombudsman
FWO-2026-01-27-korserv-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Korserv Pty Ltd, a Queensland-based labour hire provider, and its manager, Janghwan Choi. This action follows an audit of pay rates at a strawberry farm in the G…
Fair Work Ombudsman
FWO-2026-01-14-unsw-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman secured a penalty against the University of New South Wales (UNSW) for record-keeping failures. Between 2017 and 2022, UNSW failed to keep records for 63 casual academic employees, including hours…
Fair Work Ombudsman
FWO-2025-12-17-bulmer-farms-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Bulmer Farms Pty Ltd, a vegetable farm in Lindenow, Victoria. The farm allegedly underpaid 28 migrant workers from Kiribati, Timor Leste, and the Solomon Islands…
Fair Work Ombudsman
FWO-2025-09-19-mccrystal-agricultural-penalty-media-release · Fair Work Ombudsman
McCrystal Agricultural Services Pty Ltd, a Queensland labour hire business and sweet potato farm, and its sole director Russell McCrystal, have been penalised for unlawfully deducting pay from migrant employees. The Fair…
Fair Work Ombudsman
FWO-2025-09-04-suburban-sydney-visa-monitoring-media-release · Fair Work Ombudsman
The Fair Work Ombudsman (FWO) and Australian Border Force (ABF) conducted surprise inspections of approximately 40 businesses in Sydney, including Blacktown, Cabramatta, Chatswood, the Hills District, Hurstville, and Par…
Fair Work Ombudsman
FWO-2025-07-28-mezzaco-trading-pty-ltd-and-karl-haidenbauer-cn-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Karl Haidenbauer and Mezzaco Trading Pty Ltd, former operators of the 'Six Ain’t Seven' café in North Parramatta. A Fair Work Inspector issued a Compliance Notic…
Fair Work Ombudsman
FWO-2025-07-15-kosu-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Kosu Group Pty Ltd, which previously operated Yakiniku Kosu restaurant in Castle Hill, Sydney, and its sole director and part-owner, Sean Lee. They are accused o…
Fair Work Ombudsman
FWO-2025-07-09-din-tai-fung-case-study-media-release · Fair Work Ombudsman
Guoyong “Jet” Liu, a visa holder, worked at Din Tai Fung in Sydney between July 2014 and May 2018. He and 16 other employees, primarily migrants from China and Indonesia, were deliberately underpaid. Jet felt pressured t…
Fair Work Ombudsman
FWO-2025-06-25-horticulture-strategy-report-media-release · Fair Work Ombudsman
The Fair Work Ombudsman (FWO) conducted a three-year Horticulture Strategy (2021-2024) inspecting over 500 employers across 15 regional hotspots. Inspections targeted farms, orchards, and labour hire providers. The Morni…
Fair Work Ombudsman
FWO-2025-06-19-sunshine-coast-frac-media-release · Fair Work Ombudsman
The Fair Work Ombudsman is conducting inspections of 34 fast food outlets, restaurants, and cafés in Noosa Heads, Noosaville, and Tewantin, Sunshine Coast. The inspections began on June 18, 2025. They aim to check for un…
Fair Work Ombudsman
FWO-2025-05-12-veens-ligitation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Veens Group Pty Ltd, a housing construction company based in Harrington Park, Sydney, and its sole director, Dasi Shi. A Fair Work Inspector issued a Compliance …
Fair Work Ombudsman
FWO-2025-05-05-mr-viet-penalties-media-release · Fair Work Ombudsman
The Fair Work Ombudsman secured penalties and compensation after Mr Viet Quoc Mai and Ms Huong Le, operators of two 'Mr Viet' Vietnamese eateries in Adelaide, underpaid 36 migrant workers. The workers, mostly Vietnamese …
Fair Work Ombudsman
FWO-2025-04-04-hoppers-trailer-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has taken legal action against Hoppers Trailer Pty Ltd, a Melbourne trailer manufacturer, and its sole director, Gurpinder Singh. A Fair Work Inspector issued a Compliance Notice in August 2023 af…
Fair Work Ombudsman
FWO-2025-04-03-sabcha-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Sabcha Pty Ltd, which operates 11 P’Nut Street Noodles restaurants in Sydney, Brisbane, and the Sunshine Coast, and one of its directors, Ankur Sehgal. It is all…
Fair Work Ombudsman
FWO-2025-03-27-newtown-and-enmore-frac-investigations-media-release · Fair Work Ombudsman
The Fair Work Ombudsman is conducting surprise inspections of 20 fast food outlets, restaurants, and cafés in Newtown and Enmore, Sydney. The inspections began on March 26, 2025. Inspectors are interviewing managers and …
Fair Work Ombudsman
FWO-2025-01-23-rj-cornish-eu-media-release · Fair Work Ombudsman
R J Cornish & Co. Pty Ltd, a fruit grower in Cobram and Muckatah, Victoria, made unlawful wage deductions totaling $126,859 from the wages of 112 employees between July 2017 and June 2024. The deductions were for power l…
Fair Work Ombudsman
FWO-2025-01-16-navasardyan-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Sergey Stanislavovich Navasardyan, the former operator of Griffon Alpha Group Pty Ltd, a now deregistered security company in Perth. It is alleged that Mr. Navas…
Fair Work Ombudsman
FWO-2024-12-06-melotte-penalty-media-release · Fair Work Ombudsman
Louise Maree Melotte and her husband, Travis Francis Melotte, operated Hotel Frangos and Café Koukla in Daylesford, Victoria. They deliberately underpaid 97 staff a total of $321,202 between May 2017 and July 2019. The u…
Fair Work Ombudsman
FWO-2024-11-26-chatime-franchisor-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman investigated Chatime Australia Pty Ltd, a franchisor of Chatime bubble tea stores, and its managing director, Chen 'Charlley' Zhao. Between August and December 2016, employees at 19 Chatime stores…
Fair Work Ombudsman
FWO-2024-09-17-lamattina-penalty-media-release · Fair Work Ombudsman
A & G Lamattina & Sons Pty Ltd, a celery producer based in Boneo, Victoria, has been penalized by the Federal Circuit and Family Court for underpaying three migrant employees. The employees, who held bridging visas and s…
Fair Work Ombudsman
FWO-2024-06-26-acug-eu-media-release · Fair Work Ombudsman
A.C.U.G. (NSW) Pty Ltd and A.C.U.G. (SA) Pty Ltd, part of the Australian Container Unloading Group (ACUG), have signed an Enforceable Undertaking (EU) with the Fair Work Ombudsman. They failed to pay minimum hourly rates…
Fair Work Ombudsman
FWO-2024-06-05-85-degrees-franchisor-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman took legal action against 85 Degrees Coffee Australia Pty Ltd, the franchisor of the '85 Degrees' brand in Australia. The case involved nine workers employed at eight franchisee-operated outlets i…
Fair Work Ombudsman
FWO-2024-04-29-lotus-farm-penalties-media-release · Fair Work Ombudsman
The Fair Work Ombudsman investigated Lotus Farm Pty Ltd, a tomato and cucumber farm in Werribee South, Victoria, after receiving requests for assistance from two former employees. The employees, who were pickers and pack…
Fair Work Ombudsman
FWO-2024-04-10-dtf-world-square-penalty-media-release · Fair Work Ombudsman
DTF World Square Pty Ltd and Selden Farlane Lachlan Investments Pty Ltd, former operators of Din Tai Fung restaurants in Sydney and Melbourne, have been penalized for underpaying vulnerable migrant workers. The Fair Work…
Fair Work Ombudsman
FWO-2024-04-09-on-the-run-eu-media-release · Fair Work Ombudsman
The Fair Work Ombudsman investigated On the Run Pty Ltd (OTR), a service station and convenience store operator with locations in South Australia, Victoria, and Western Australia, following employee queries. An investiga…
Fair Work Ombudsman
FWO-2024-02-14-gungahlin-and-queanbeyan-food-precincts-media-release · Fair Work Ombudsman
The Fair Work Ombudsman is conducting surprise inspections of approximately 20 food businesses in Gungahlin and Queanbeyan, New South Wales. These inspections are part of a national program targeting food precincts. They…
Fair Work Ombudsman
FWO-2023-12-21-cfmeu-coles-distribution-penalty-media-release · Fair Work Ombudsman
The Construction, Forestry and Maritime Employees Union (CFMEU) and two officials, Andrew Blakeley and Luke Gibson, faced legal action from the Australian Building and Construction Commissioner (ABCC). The case involved …
Fair Work Ombudsman
FWO-2023-12-15-more-than-skin-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman took legal action against More Than Skin Pty Ltd, which operated The Noshery café in Glebe, Sydney, and its co-directors, Lila and Lupo Stojcevski. The company and individuals failed to comply wit…
Fair Work Ombudsman
FWO-2023-11-21-tran-and-dong-penalty-media-release · Fair Work Ombudsman
Xuan A Tran and Quang Manh Dong, a husband-and-wife partnership operating 'Vina Yummy Kitchen' in Hobart, have been penalised by the Federal Circuit and Family Court. They admitted to underpaying two employees—Ms Tran’s …
Fair Work Ombudsman
FWO-2023-10-31-upper-esb-second-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman took legal action against Upper East Side Bondi Pty Ltd, a former Bondi bar and restaurant, and its former director, Julia Rose Gelonese. This followed a request for assistance from a worker and i…
Fair Work Ombudsman
FWO-2023-10-18-ag-omnibus-october-2023-media-release · Fair Work Ombudsman
The Fair Work Ombudsman (FWO) has conducted inspections of 447 agriculture businesses across 15 regional areas of Australia since December 2021. These inspections targeted areas with a high risk of non-compliance. The FW…
Fair Work Ombudsman
FWO-2023-10-16-winit-penalty-media-release · Fair Work Ombudsman
Winit (AU) Trade Pty Ltd, a Sydney-based company providing warehousing and distribution services, underpaid nearly 400 employees, primarily migrant workers, between 2014 and 2019. The Fair Work Ombudsman investigated aft…
Fair Work Ombudsman
FWO-2023-09-28-brownport-eu-media-release · Fair Work Ombudsman
Brownport Almonds Pty Ltd, trading as Bright Light, a large almond grower and processor in Hattah, Victoria, has back-paid over $500,000 to 197 current and former employees. The Fair Work Ombudsman investigated after rec…
Fair Work Ombudsman
FWO-2023-08-30-lamattina-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against A & G Lamattina & Sons Pty Ltd, a celery producer based in Boneo, Victoria. Three farmhands who held bridging visas and spoke Indonesian and Malay, alleged they …
Fair Work Ombudsman
FWO-2023-07-05-nq-powertrain-penalty-media-release · Fair Work Ombudsman
NQ Powertrain Pty Ltd, a labour-hire company based in Far North Queensland, has been penalised by the Federal Circuit and Family Court. The company admitted to breaching workplace laws by underpaying 87 visa holders a to…
Fair Work Ombudsman
FWO-2023-06-08-sharetea-audits-media-release · Fair Work Ombudsman
The Fair Work Ombudsman investigated 14 Sharetea franchise outlets after receiving reports of potential underpayments. The investigation, which began in April 2022, involved stores in Sydney, Melbourne, Brisbane, and Can…
Fair Work Ombudsman
FWO-2023-05-17-gothic-downs-penalty-media-release · Fair Work Ombudsman
Gothic Downs Pty Ltd, which operates Bakers Boutique & Patisserie outlets in Melbourne, and its sole director, Giuseppe Conforto, failed to comply with Fair Work Ombudsman (FWO) Compliance Notices. The notices related to…
Fair Work Ombudsman
FWO-2023-05-05-ag-omnibus-may-2023-media-release · Fair Work Ombudsman
The Fair Work Ombudsman is focusing on compliance within the agriculture sector. Since December 2021, inspectors have investigated 330 businesses in regional areas, including the Whitsunday Coast, Adelaide and Adelaide H…
Fair Work Ombudsman
FWO-2023-04-28-sydney-food-precincts-report-media-release · Fair Work Ombudsman
The Fair Work Ombudsman investigated 49 businesses in Sydney's food precincts, including Haymarket, Chinatown, and Darling Harbour. The investigations found that 77% of the 47 completed investigations revealed breaches o…
Fair Work Ombudsman
FWO-2023-04-28-melotte-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Louise Maree Melotte and Travis Francis Melotte, a married couple who operated Hotel Frangos and Café Koukla in Daylesford, Victoria. They are accused of alleged…
Fair Work Ombudsman
FWO-2023-04-19-newcastle-frac-audits-media-release · Fair Work Ombudsman
The Fair Work Ombudsman is conducting surprise inspections of approximately 50 food outlets in Newcastle, New South Wales. The inspections target businesses in suburbs like Broadmeadow, Cameron Park, and Mayfield. The re…
Fair Work Ombudsman
FWO-2023-04-17-green-clean-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman secured penalties against Green Clean (Aust) Pty Ltd and a former manager after they underpaid two international students from Nepal. The students worked as casual cleaners between March and June …
Fair Work Ombudsman
FWO-2023-04-13-yeon-penalty-media-release · Fair Work Ombudsman
Yeon Beauty Salon Pty Ltd, trading as ‘Yeon Art Hair’ in Eastwood, Sydney, and its sole director and manager, Mi Yeon Ha, underpaid a South Korean employee between 2015 and 2019. The employee worked as a hairdresser and …
Fair Work Ombudsman
FWO-2023-02-22-perth-frac-audits-media-release · Fair Work Ombudsman
The Fair Work Ombudsman is conducting surprise inspections of approximately 50 food outlets in Perth, including Belmont, Victoria Park, and East Victoria Park. These inspections are part of a national program targeting f…
Fair Work Ombudsman
FWO-2022-11-07-85-degrees-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman secured a penalty against 85 Degrees Coffee Australia Pty Ltd, which operates cafes and factories in Sydney. The company exploited eight Taiwanese students between July 2016 and June 2017. The stu…
Fair Work Ombudsman
FWO-2022-11-04-nq-powertrain-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against NQ Powertrain Pty Ltd, a labour-hire company based in Far North Queensland. The company allegedly underpaid 87 visa holders employed under the Pacific Labour Sch…
Fair Work Ombudsman
FWO-2022-11-02-brisbane-food-precincts-report-media-release · Fair Work Ombudsman
The Fair Work Ombudsman investigated 77 businesses in Brisbane food precincts, including Brisbane CBD, South Brisbane, Fortitude Valley, and Sunnybank. The investigation found 75% of businesses breached workplace laws. A…
Fair Work Ombudsman
FWO-2022-09-28-seqwater-eu-media-release · Fair Work Ombudsman
Seqwater, the South East Queensland water supplier and a Queensland Government statutory authority, signed an Enforceable Undertaking with the Fair Work Ombudsman and is back-paying staff more than $7 million. The FWO st…
Fair Work Ombudsman
FWO-2022-09-15-inner-west-melbourne-food-precincts-media-release · Fair Work Ombudsman
The Fair Work Ombudsman is conducting surprise inspections of approximately 30 restaurants, cafes, and fast food outlets in Melbourne's inner west, including Footscray, West Footscray, Seddon, Yarraville, Newport, and Wi…
Fair Work Ombudsman
FWO-2022-07-06-delishesco-penalty-media-release · Fair Work Ombudsman
Delishesco Pty Ltd, which operates 'Moga Izakaya & Sushi' in Paddington, Brisbane, and its sole director Yinan Yang, deliberately underpaid 34 employees between December 2018 and March 2019. The employees, many of whom w…
Fair Work Ombudsman
FWO-2022-06-20-riddhi-siddhi-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman investigated Riddhi Siddhi Pty Ltd, which operates a fast food outlet and commercial kitchen in Fortitude Valley, Brisbane, and its director, Ruchika Sharma. A Nepalese visa holder, employed as a …
Fair Work Ombudsman
FWO-2022-06-03-sydney-food-precincts-investigations-media-release · Fair Work Ombudsman
The Fair Work Ombudsman is conducting surprise inspections of approximately 50 restaurants, cafés, and fast food outlets in inner Sydney food precincts, including Haymarket, Chinatown, Darling Harbour, Barangaroo, Surry …
Fair Work Ombudsman
FWO-2022-03-22-little-india-penalty-media-release · Fair Work Ombudsman
The Fair Work Ombudsman investigated Satchithanantha N Chelliah and Mahesvery Toolseram, trustees of The Chelliah Family Trust, who operate the 'Little India' takeaway food business in Hobart. They paid 17 casual fast fo…
Fair Work Ombudsman
FWO-2022-03-03-sushi-bay-litigation-media-release · Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Sushi Bay Pty Ltd, Sushi Bay ACT Pty Ltd, Auskobay Pty Ltd, Auskoja Pty Ltd, and Yi Jeong ‘Rebecca’ Shin, the owner and sole director of the companies. The compa…