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Australian workplace law decisions — 2022

Every published Fair Work Commission, Federal Court, Federal Circuit & Family Court, and Fair Work Ombudsman decision from 2022 in our corpus, in plain English. Sorted by date.

Decisions in 2022
192
FWC decisions
19
FWO decisions
173
Total penalties recorded
$55.0M

Top topics in 2022

FWC31 Dec 2022 · Fair Work Commission

the Applicant v Canberra Grammar School

the Applicant commenced employment with Canberra Grammar School in 2019. She was dismissed in 2021. The Applicant brought a claim to the Fair Work Commission alleging the school made adverse action in dismissing her. The school argued the dismissal was not related to any protected action the Applicant took.

general-protectionsunfair-dismissal
FWC31 Dec 2022 · Fair Work Commission

the Applicant v Edge Early Learning

the Applicant, an employee of Edge Early Learning, applied to the Fair Work Commission. The application concerned an earlier matter. The Commissioner needed to determine whether he could fairly hear the application. The case number was AB2023/371, C2023/4967.

general-protections
FWC31 Dec 2022 · Fair Work Commission

the Applicant v FinXL Professional Services Pty Ltd & IP Australia

the Applicant commenced employment with FinXL Professional Services Pty Ltd in 2021. She was dismissed in November 2022. the Applicant brought an application to the Fair Work Commission seeking orders to deal with contraventions involving her dismissal. IP Australia was also named as a respondent. The Commission heard the application.

unfair-dismissalgeneral-protections
FWC31 Dec 2022 · Fair Work Commission

Application by the Applicant

The Applicant applied to the Fair Work Commission for an order to stop bullying. The application was heard by the Commissioner. The document details the application and the Fair Work Commission’s decision. The industry is listed as building services.

general-protections
FWC31 Dec 2022 · Fair Work Commission

the Applicant v Jobwire Australia Pty Ltd

the Applicant brought an application to the Fair Work Commission concerning contraventions involving his dismissal from Jobwire Australia Pty Ltd. The Commission did not receive sufficient information to determine the nature of the contraventions. The application was brought under s.365 of the Fair Work Act.

general-protectionsunfair-dismissal
FWC31 Dec 2022 · Fair Work Commission

the Applicant v Clayfield College & the Respondent and Others

the Applicant was an employee of Clayfield College. She brought an application to the Fair Work Commission concerning a contravention involving her dismissal. The Deputy President heard the application. The decision references several previous cases and legal principles related to unfair dismissal and adverse action.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2022 · Fair Work Commission

Application by the Applicant

The Applicant, an employee in the educational services industry, applied to the Fair Work Commission for an order to stop bullying. The details of the bullying allegations are not provided in the document. Deputy President Gostencnik heard the application.

general-protectionsbullying
FWC31 Dec 2022 · Fair Work Commission

the Applicant v Gundam Investment Pty Ltd

the Applicant commenced employment with Gundam Investment Pty Ltd, a retail business, in 2019. She was dismissed in May 2023. the Applicant brought an application to the Fair Work Commission seeking to have the dismissal declared unfair and to receive compensation. The Commission notes this was an application to deal with contraventions involving dismissal.

unfair-dismissalgeneral-protections
FWC31 Dec 2022 · Fair Work Commission

the Applicant v S+S Hair And Beauty

the Applicant commenced working for S+S Hair And Beauty. The employer sent the Applicant a letter advising of a disciplinary meeting. She resigned the day before the meeting. the Applicant claimed her resignation was due to the alleged disciplinary action. The Fair Work Commission considered whether the Applicant’s resignation was a dismissal.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2022 · Fair Work Commission

Application by Catering Industries NSW Pty Ltd T/A Catering Industries

Catering Industries NSW Pty Ltd T/A Catering Industries applied to the Fair Work Commission to vary redundancy pay. The application related to a situation where an employee was made redundant and then subsequently found employment with another company. The company sought to adjust the redundancy pay owed to the employee. The Deputy President heard the application.

redundancygeneral-protections
FWC31 Dec 2022 · Fair Work Commission

the Applicant, Song Chen v Garnet Massage Pty Ltd

the Applicant commenced employment with Garnet Massage Pty Ltd in 2021. In November 2023, the company terminated their employment. The Applicant then brought an application to the Fair Work Commission seeking orders to deal with contraventions involving her dismissal. The Fair Work Commission did not provide details of the reasons for the dismissal.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2022 · Fair Work Commission

Application by the Applicant

The Applicant applied to the Fair Work Commission seeking an order to stop bullying. The specifics of the bullying are not detailed in the provided text. The Commissioner heard the application. The case reference is AB2023/489.

general-protectionsbullying
FWC31 Dec 2022 · Fair Work Commission

the Applicant v MACE Incorporated

the Applicant commenced employment with MACE Incorporated in 2021. She was dismissed from her role in November 2022. the Applicant brought an application to the Fair Work Commission seeking orders to deal with contraventions involving her dismissal. The Commission notes that the Applicant was a project administrator.

unfair-dismissalgeneral-protections
FWC31 Dec 2022 · Fair Work Commission

the Applicant v Jacobs Australia Pty Limited

the Applicant commenced employment with Jacobs Australia Pty Limited in 2018. He made an application to the Fair Work Commission concerning a dismissal dispute and also raised an apprehension of bias against a Fair Work Commissioner. The application sought to deal with contraventions involving the dismissal. the Deputy President considered the application and whether there was a reasonable apprehension of bias.

general-protectionsunfair-dismissal
FWC31 Dec 2022 · Fair Work Commission

Application by Smith, Glenda

Glenda Smith applied to the Fair Work Commission seeking an order to stop bullying. The application related to her employment in the retail industry. Deputy President Saunders considered the application and related documents.

general-protectionsbullying
FWC31 Dec 2022 · Fair Work Commission

Application by the Applicant

The Applicant applied to the Fair Work Commission for an order to stop bullying. The application was designated SO2023/43. the Commissioner heard the application. The document is a decision made on 2 December 2023.

general-protections
FWC31 Dec 2022 · Fair Work Commission

Application by Hill, Andrew

Andrew Hill applied to the Fair Work Commission for an order to stop bullying. The specifics of the bullying are not detailed in the provided text. Commissioner McKinnon heard the application. The case was identified as AB2021/203.

general-protectionsbullying
FWC31 Dec 2022 · Fair Work Commission

the Applicant v Metro Trains Sydney Pty Ltd

the Applicant commenced employment with Metro Trains Sydney Pty Ltd in 2019. She was dismissed in December 2021. the Applicant brought an application to the Fair Work Commission seeking orders to deal with contraventions involving her dismissal. The Commission notes that the decision was made on 31 December 2022.

unfair-dismissalgeneral-protections
FWC31 Dec 2022 · Fair Work Commission

Application by the Applicant

the Applicant applied to the Fair Work Commission seeking an order to stop bullying. The details of the bullying incident or the parties involved beyond the applicant are not provided in the supplied text. the Commissioner heard the application.

general-protections
FWO21 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

BGSZO Pty Ltd, formerly Up Dog Diesel in Ipswich, Queensland, failed to comply with a Fair Work Ombudsman Compliance Notice. The company serviced the mining industry and employed a tyre fitter from April 2020 to April 2021. The Compliance Notice related to unpaid accrued annual leave entitlements. The company and its sole director, Dwane Johnson, were penalised after failing to back-pay the worker until legal action commenced. The Fair Work Ombudsman received a request for assistance from the worker.

$16K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO21 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Incode Engineers Pty Ltd, a structural engineering company based in Fortitude Valley, Brisbane, and its director, the Respondent. The action followed requests for assistance from two former employees: the Applicant and a co-worker, who worked between May and August 2021. A Fair Work Inspector issued a Compliance Notice in December 2021, alleging underpayment of wages, annual leave, and payment-in-lieu-of-notice. The company and director allegedly failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO20 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against the Respondent, the operator of East Ballina Dental in Ballina, New South Wales. A dental assistant, aged 22-23, worked part-time at the practice between October 2020 and July 2021. A Fair Work Inspector issued a Compliance Notice in November 2021, believing the worker had not been paid accrued annual leave entitlements. The Respondent allegedly failed to comply with the notice.

$7K penaltyunderpaymentannual-leavegeneral-protections
FWO20 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Benny842 Pty Ltd, formerly operating a 'Burger Boss' restaurant in Pakenham, Victoria, failed to back-pay entitlements to a food and beverage attendant employed between June and October 2020. the Second Respondent was also involved. The Fair Work Ombudsman investigated after a worker requested assistance. A Compliance Notice was issued in December 2020, which Benny842 Pty Ltd and the Second Respondent did not follow.

$16K penaltyunderpaymentpenalty-ratespublic-holidays
FWO19 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Hospitality 3564 Pty Ltd, operating 'Café 3564' in Echuca, Victoria, and its sole director, David Bowman, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding a Chinese visa holder employed as a cook between July 2017 and September 2019. The worker was underpaid various entitlements. Hospitality 3564 back-paid the worker over $48,000 after the Fair Work Ombudsman commenced legal action. The Fair Work Ombudsman investigated after a request for assistance from the affected worker.

$18K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO19 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Brian Douglas McCullagh and Helen June McCullagh, former operators of McCullagh Enterprises, a campervan hire business in Hobart, have been penalised by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a Filipino visa holder, employed as a casual campervan cleaner between September 2018 and March 2020, requested assistance. The couple failed to comply with a Compliance Notice requiring them to calculate and back-pay the worker's entitlements. They only back-paid the worker $14,060 after the Fair Work Ombudsman commenced legal action.

$6K penaltyunderpaymentcasual-conversiongeneral-protections
FWO18 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Australian Unity Limited, the ASX-listed health, wealth and care company, signed an Enforceable Undertaking with the Fair Work Ombudsman after back-paying staff in Victoria and New South Wales more than $6.8 million. Australian Unity self-reported in November 2020 after identifying payroll errors in its Independent and Assisted Living arm, which operates retirement communities and provides aged care, allied health and disability services. Between 2014 and 2021, employees were underpaid entitlements owed under 10 current and former enterprise agreements, two state awards, and the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS). Breaches related to penalty rates, minimum engagements, overtime, travel time, higher duties, leave accruals and superannuation. Affected staff included nurses, cooks, catering staff, residential care workers, lifestyle workers, administrative staff, gardeners, laundry and maintenance workers.

$6.8M penaltyunderpaymententerprise-agreementpenalty-rates
FWO15 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Core Strategies Pty Ltd, a former Gold Coast real estate lead generation company, and its former sole director, Stephen Thomas, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice required the company to calculate and back-pay entitlements to a call centre worker employed between February and August 2020. The worker had requested assistance regarding potential underpayment of JobKeeper entitlements, accrued annual leave, and payment-in-lieu-of-notice.

$36K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO15 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Local Builders Direct Pty Ltd, a home construction company based in Ravenhall, Victoria, and its sole director, Angelo Adamo, failed to fully comply with a Fair Work Ombudsman Compliance Notice. The Compliance Notice related to underpayments to a sales consultant employed between November 2020 and May 2021. The company partially back-paid the worker but did not rectify all underpayments, including superannuation and interest, as required by the notice. The Fair Work Ombudsman initiated legal action, and the worker was eventually fully back-paid.

$8K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO13 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

RSL LifeCare, a not-for-profit aged and veteran services organisation affiliated with RSL NSW, self-reported payroll errors to the Fair Work Ombudsman (FWO) in 2021. These errors occurred during a transition to a new human resources and payroll system. Between 2010 and 2021, over 3,591 current and former employees in NSW and the ACT, including full-time, part-time, and casual staff in nursing and management roles, were underpaid. The underpayments stemmed from incorrect system setup and pay rules, impacting entitlements outlined in enterprise agreements. RSL LifeCare has back-paid more than $5.1 million.

$5.0M penaltyunderpaymentpenalty-ratesenterprise-agreement
FWO12 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against HML Holdings Pty Ltd, a former franchisee of an Espresso Warriors café in Mittagong, New South Wales. The action follows a request for assistance from a full-time chef employed by the company between June 2020 and February 2022. The chef, a visa holder from Nepal, alleges he was not paid accrued but untaken annual leave entitlements. A Fair Work Inspector issued a Compliance Notice in May 2022, which HML Holdings allegedly failed to comply with.

$6K penaltyunderpaymentannual-leavegeneral-protections
FWO12 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Preach by the Beach Pty Ltd, which operates 'Preach Café' in Bondi, Sydney, and its sole director and shareholder, Rarbie Taha, have been penalized by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding a Thai international student employed as a cook for approximately a month in October–November 2020. The student was not paid sufficient wages. The Fair Work Ombudsman investigated after a request for assistance from the worker.

$35K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO6 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Bhangu Pty Ltd, trading as Rehaan Automotive Care in Archerfield, Brisbane, failed to comply with a Compliance Notice. The Fair Work Ombudsman investigated after a visa-holder worker from India, employed as a motor mechanic from February 2017 to February 2018, requested assistance. The company was found to have underpaid minimum wages and annual leave entitlements under the Vehicle Manufacturing, Repair, Services and Retail Award and the Fair Work Act’s National Employment Standards.

$30K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO6 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Winiata Tipene, who operated 'The brothers metal roofing' in Sydney. A young worker sought assistance after being employed as a full-time labourer from May to July 2021. A Fair Work Inspector issued a Compliance Notice in April 2023, believing the worker was underpaid minimum wages and allowances and not paid for some hours. Tipene allegedly failed to comply with the notice, which required him to calculate and back-pay entitlements. This is the second time the FWO has taken legal action against Tipene.

$7K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO4 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Melbourne Digital Pty Ltd, a software development company, and its sole director, the Respondent. This followed requests for assistance from four workers employed in IT roles between one month and over four months in 2021. A Fair Work Inspector issued Compliance Notices in October and November 2021, believing the company had underpaid minimum wages and annual leave entitlements. The workers included an Indian national and a Pakistani national on temporary graduate visas.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO4 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Quickpoint Pty Ltd, formerly operating a café called 'Shimizu Harbour Town' in Perth, and its sole director, the Respondent, have been penalized by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after receiving a request for assistance from a worker. Quickpoint and the Respondent admitted to breaching record-keeping and pay slip laws by falsifying wage records and providing them to the Fair Work Ombudsman during an investigation. They pressured two employees to support their deception by claiming they were paid award rates, despite only receiving $15 to $16 per hour.

$193K penaltypenalty-ratesgeneral-protectionswage-theft
FWO1 Dec 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman (FWO) has received over 90,000 anonymous tip-offs since 2016, with nearly 13,000 in 2021-22. These reports help the FWO monitor workplaces and create education resources. One cupcake business was reported for paying staff between $10 and $16 per hour, failing to provide penalty rates, and not issuing pay slips. Another involved multiple employees of a café chain reporting wage underpayments. The reports included Australian Business Numbers (ABN) and business owner names, linking workers from different locations.

$50K penaltyunfair-dismissalunderpaymentpenalty-rates
FWO27 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against IFITS Food Co Pty Ltd, the former franchisee of a Pizza Hut outlet in Warwick, Queensland. Two part-time workers, an assistant manager and a 17-year-old customer service employee, raised concerns about unpaid entitlements. The Fair Work Inspector issued Compliance Notices in February and April 2022, relating to unpaid accrued annual leave and payment-in-lieu-of-notice. The company ceased operating the outlet in late 2021.

$33K penaltyunderpaymentpenalty-ratesannual-leave
FWO27 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Krown Homes Pty Ltd, a residential building company based in Canberra, and its director, Ismail Cetinkaya. The action followed a request for assistance from a former carpenter employed between September 2020 and June 2021. A Fair Work Inspector issued a Compliance Notice in August 2021 regarding alleged underpayment of entitlements under the Building and Construction General On-site Award 2020 and the National Employment Standards. Krown Homes allegedly failed to comply with the notice, and the director is alleged to have been involved. The carpenter was allegedly owed payment-in-lieu-of-notice and redundancy entitlements.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO20 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Designer Projects Victoria Pty Ltd, trading as ‘Designer Projects’ in Melton, and one of its directors, Visna Thanthrige, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of entitlements and failure to provide pay slips to a construction site supervisor employed between July 2019 and September 2021. A Compliance Notice was issued in November 2021, which the company failed to follow.

$44K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO20 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Gary Dupree, a part-owner and director of companies operating the Solstice Café Restaurant, Jimmy D’s Bar and Grill, and The Moonah Hotel in Hobart, has been penalised. The Fair Work Ombudsman investigated after Compliance Notices were not followed, relating to underpayments to 31 wait and kitchen staff between July 2018 and February 2020. The employees included visa holders and young workers. The investigation found breaches of record-keeping laws and underpayment of entitlements including minimum wage rates, casual loadings, annual leave, and penalty rates.

$8K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO17 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against the Respondent, the operator of Kreating Real Change Disability Services in Crookwell, NSW. Two young workers, aged 22-23 and 19-20, raised concerns about unpaid entitlements. One was employed full-time from October 2019 to May 2021, and the other casually from March to June 2021. A Fair Work Inspector issued a Compliance Notice in October 2021, believing the full-time employee was underpaid annual leave and the casual employee was underpaid weekend penalty rates under the Social, Community, Home Care and Disability Services Award 2010. The Respondent allegedly failed to comply with the notice.

$4K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO17 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Barbkey We Pty Ltd, formerly operating ‘DA Burger’ outlets in West End and New Farm, Brisbane, and its sole director, the Respondent. A Fair Work Inspector issued a Compliance Notice in April 2022 after suspecting 16 food and beverage and kitchen attendants were underpaid casual minimum wages and weekend penalty rates between February and December 2021. The company allegedly failed to comply with the notice, which required back-payment of outstanding entitlements. The regulator alleges the Respondent was involved in the contravention.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO16 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Bean Away Pty Ltd, which operates a Zarraffa’s Coffee store in Pacific Pines, Queensland, after a worker requested assistance. The worker was employed as a store manager between February 2019 and March 2021. The company failed to comply with a Compliance Notice requiring back-payment of entitlements. The company’s sole director, Gregory Michael Matthew, was also involved. The worker received back-payment only after the Fair Work Ombudsman commenced legal action.

$14K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO16 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Beadon Bay Resort Pty Ltd, located in Onslow, Western Australia, and its director, Emanuel Dillon. The company failed to comply with a Compliance Notice regarding underpayments to 13 employees between May and December 2019. Eight of the employees held working holiday visas. The underpayments related to casual loading, minimum payments, penalty rates for weekends and public holidays, overtime, and annual leave. The company back-paid the workers after the Fair Work Ombudsman commenced legal action.

$16K penaltyunderpaymentpenalty-ratespublic-holidays
FWO13 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

IP West Pty Ltd, formerly operating the London Spice Bulimba restaurant in Brisbane, has been penalized by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice regarding a waitress employed between November 2020 and August 2021, when she was 18 to 19 years old. The Fair Work Ombudsman investigated after a request for assistance from the worker.

$28K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO13 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, who operates 'Allotae Designs', a bricklaying business in Melbourne. This followed a request for assistance from a young worker employed as a bricklayer’s labourer between June 2018 and May 2021. A Fair Work Inspector issued a Compliance Notice in February 2022, believing the worker was underpaid minimum wage, casual loading, overtime rates, and travel allowances. The Respondent allegedly failed to comply with the notice.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO10 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Smart Vision Developments (Qld) Pty Ltd, formerly operating Grand Central Cafe in Townsville, and its former director, John Atkinson, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of two food and beverage attendants employed from June to September 2020. One worker was a 19-year-old junior. The company failed to comply with Compliance Notices requiring back-payment of entitlements.

$29K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO10 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the former operator of 'Local Newsroom', a regional newspaper. An inspector investigated after receiving requests for assistance from workers employed between August and October 2020. It was alleged the Respondent underpaid 18 workers, including 15 journalists and three advertising employees, failing to pay minimum wages under the Journalists Published Media Award 2020 and the Commercial Sales Award 2020. He was issued Compliance Notices, which he allegedly failed to follow.

$6K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO9 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Alliance Property Consultancy Pty Ltd, trading as ‘Storm Assist’ in Brisbane, and its former director, Adam Skilled Killackey, have been penalised by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a worker, employed as a full-time sales consultant between January and May 2021, requested assistance. The company failed to comply with a Compliance Notice to calculate and back-pay annual leave entitlements. the Respondent was involved in this failure.

$19K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO9 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the operator of ‘SA Dents & Detailing’ in Payneham, Adelaide. Two casual workers were employed for short periods in October-November 2020 and January 2021 to perform car detailing duties. A Fair Work Inspector issued a Compliance Notice in February 2022 after believing the workers were not paid wages and were entitled to minimum wages plus a casual loading under the Vehicle Repair, Services and Retail Award 2020. The Respondent allegedly failed to comply with the notice.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO6 Nov 2022 · Fair Work Ombudsman

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 students, aged 20 to 22, were brought to Australia under an internship arrangement with a Taiwan-based company linked to 85 Degrees. They were paid between $1,650 and $1,750 per month for working 60 to 70 hours per week. Each student was underpaid between $50,213 and $58,248. The students worked in factories and cafes in St Peters, Hurstville, and Sydney CBD. They were studying at the Taipei City University of Science and Technology.

$475K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO3 Nov 2022 · Fair Work Ombudsman

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 Scheme (PLS) and Seasonal Worker Programme (SWP) a total of $49,933 between December 2018 and May 2020. The alleged underpayments include unlawful deductions for accommodation and transport costs, as well as failing to pay correct Sunday overtime rates, time-off-in-lieu entitlements, and minimum-engagement pay. The workers, from countries including Papua New Guinea, Vanuatu, and Solomon Islands, performed farm work near Cairns. NQ Powertrain has rectified the alleged underpayments. The company ceased trading earlier this year.

$50K penaltyunderpaymentcasual-conversionpenalty-rates
FWO2 Nov 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Avant-Garde Logistics Solutions Pty Ltd, trading as Apex Logistics, and its former director Yaping Li have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of four workers, including a 19-year-old and a visa holder. The workers were employed as general hands and a driver between September 2020 and March 2021. The company failed to comply with Compliance Notices requiring back-payment of entitlements. The Fair Work Ombudsman received requests for assistance from the affected workers.

$77K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO1 Nov 2022 · Fair Work Ombudsman

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 total of 623 underpaid workers were identified, with $404,721 in wages recovered. Common breaches included failing to pay penalty rates or casual loading, underpaying the minimum hourly rate, and failing to provide proper payslips. The largest recovery from a single business was $80,258 for 68 employees.

$400K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO26 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Active Services Group Pty Ltd, an electrical and telecommunications company based in Mount Waverley, Melbourne, and its sole director, the Respondent. The investigation began after requests for assistance from three workers employed between July 2018 and March 2021: a project manager, a field supervisor, and an apprentice electrician. A Fair Work Inspector issued Compliance Notices in 2021 regarding unpaid annual leave entitlements. Active Services Group allegedly failed to comply with these notices, and the Respondent is alleged to have been involved.

$5K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO26 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Meriel Enterprises Pty Ltd, which operates Meei Clinic in Baulkham Hills, New South Wales. The action follows a request for assistance from a former part-time beauty therapist who worked at the clinic between March and June 2021. A Fair Work Inspector issued a Compliance Notice in July 2021, believing the worker was underpaid minimum wages, Saturday penalty rates, and accrued but untaken annual leave entitlements. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesannual-leave
FWO24 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against VUF Investments Pty Ltd, formerly operating 'Luke's Bakery' in Reservoir, Melbourne, and its sole director, the Respondent. A worker employed in a front-of-house role between February and July 2021 contacted the Fair Work Ombudsman seeking assistance. A Fair Work Inspector issued a Compliance Notice in October 2021, alleging underpayment of minimum wages, overtime rates, Sunday penalty rates, and annual leave entitlements. While the company partially back-paid approximately $1,200, further underpayment is alleged. The company failed to comply with the Compliance Notice.

$1K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO24 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, who operates Mack Engineering & Site Services in Logan Village, Queensland, failed to comply with a Compliance Notice. The notice required him to calculate and back-pay entitlements to a welder/labourer he employed on a casual basis for about two weeks in January 2021. The Fair Work Ombudsman investigated after a worker requested assistance. The Compliance Notice was issued after a Fair Work inspector believed the worker was underpaid casual minimum wages, overtime rates, and public holiday penalties.

$5K penaltyunderpaymentpenalty-ratespublic-holidays
FWO23 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Get Plucked Holdings Pty Ltd, trading as ‘Sharon Lee Inc. Eyebrow Atelier’ in Woollahra, Sydney, and its sole director, Sharon Lee Hamilton-Clarke, failed to comply with two Compliance Notices issued by the Fair Work Ombudsman (FWO). The notices related to underpayment of entitlements to two employees, a receptionist and a beauty therapist, under the Hair and Beauty Industry Award 2010. The FWO began its investigation after receiving requests for assistance from the workers. The company only back-paid the workers after the FWO commenced legal action.

$22K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO23 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated a roofing business, 'The brothers metal roofing', operated by the Respondent in Sydney. Two workers, a roof plumber and a casual labourer, were employed between March and August 2021. A Fair Work Inspector believed the workers were underpaid minimum wages, allowances, annual leave, casual minimum hourly rates, and penalty rates under the Plumbing and Fire Sprinklers Award 2020 and the National Employment Standards. A Compliance Notice was issued in October 2021, which the Respondent failed to follow.

$12K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO16 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Hermesvilla Pty Ltd, trading as Myka Home, located in Nunawading, Melbourne. The investigation began after a request for assistance from a casual delivery driver employed in July 2021. A Fair Work Inspector issued a Compliance Notice in November 2021, alleging the worker was underpaid minimum wages, casual loading, and overtime rates under the General Retail Industry Award 2020. The company allegedly failed to comply with the notice and also breached pay slip laws.

$889 penaltyunderpaymentpenalty-ratesgeneral-protections
FWO16 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, the operator of Oak and Stone Landscaping in Mernda, Melbourne, has been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation initiated by a request from a young worker. The worker, aged 17, was employed as a labourer between August and October 2020. the Applicant failed to comply with a Compliance Notice, which required him to calculate and back-pay entitlements and issued false pay slips. The worker was underpaid minimum wage rates, casual loadings, and was not paid for some work.

$10K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO12 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated 31 businesses in and around Launceston, Tasmania, focusing on food precincts. The investigation found 24 businesses breached workplace laws, resulting in $121,574 in unpaid wages for 144 workers. Common breaches included failing to pay penalty rates, underpaying the minimum hourly rate, and not providing correct leave allowances. One business owed $39,432 to 26 casual and full-time employees. Visa holders and young workers were among those affected.

$120K penaltypenalty-ratesunderpaymentgeneral-protections
FWO11 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman secured a penalty against the Respondent, who operated 'RC Express' in Taree, NSW. This followed her failure to comply with a Compliance Notice regarding four workers employed between February 2016 and June 2021. The workers, including an administration clerk and three delivery drivers, were allegedly underpaid various entitlements. A Fair Work Inspector issued the Compliance Notice in September 2021. The workers have received partial back-payment of $1,200.

$4K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO11 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Rika Foods North Melbourne Pty Ltd, which operated a juice and coffee bar in Collingwood, and its director, the Respondent. A worker in her early 20s contacted the Fair Work Ombudsman after alleging she did not receive JobKeeper payments she was entitled to. It is alleged that between September 2020 and March 2021, the company received $14,400 in JobKeeper payments but did not pass them on to the worker. The company failed to comply with a Compliance Notice issued in November 2021, requiring the outstanding payments. This is the second time the Fair Work Ombudsman has taken legal action against the company and director.

$14K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO6 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Rika Foods North Melbourne Pty Ltd, a juice and coffee bar in Collingwood, Melbourne, and its sole director, Radomir Pantovic, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice related to unpaid entitlements for a visa holder from South Korea who was employed casually for a short period in January 2021. The worker had not been paid for approximately 40 hours of work. Rika Foods has since back-paid the worker over $1000. The Fair Work Ombudsman investigated after receiving a request for assistance from the worker.

$12K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO3 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Big Daddy's Pty Ltd, which operates Alf's Café at the Alfred Hospital in Melbourne. The company and its sole director, Elias Dannaoui, failed to comply with Compliance Notices regarding unpaid entitlements to two visa holder workers from Colombia. The workers were employed as fast food workers between 2017 and 2020. A Fair Work Inspector issued Compliance Notices in March 2021 for underpayment of minimum casual wages and penalty rates. Payments of $12,090.65 and $8,742.10 were eventually made in August 2022.

$24K penaltyunderpaymentpenalty-ratescasual-conversion
FWO3 Oct 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Regional Landscape Construction Pty Ltd, a landscaping company in New South Wales, and its director, Bradley Mark Hallam. The action followed a request for assistance from the Applicant who was employed as an apprentice landscaper from March 2019 to December 2020. A Fair Work Inspector issued a Compliance Notice in March 2022 regarding unpaid annual leave entitlements. The company and its director allegedly failed to comply with the notice, resulting in an alleged underpayment of $3,133.

$3K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO28 Sept 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against The Carers Portland Inc, which operates HCM Café Fresh Q Lunch in Dandenong South, and its secretary, the Respondent. The action follows a request for assistance from an employee employed between January and May 2021. A Fair Work Inspector issued a Compliance Notice in December 2021 regarding alleged underpayment of minimum wages, annual leave, and pay-in-lieu-of-notice under the Fast Food Industry Award 2010 and the National Employment Standards. The company allegedly failed to comply with the notice.

$2K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO28 Sept 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, the former general manager of Anvisco Pty Ltd (trading as ‘Go Lights’ and/or ‘Fosini Lighting’), has been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of entitlements to a salesperson employed between March 2017 and January 2020. The salesperson had requested assistance regarding their pay. Anvisco Pty Ltd is now in liquidation.

$5K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO27 Sept 2022 · Fair Work Ombudsman

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 started investigating in 2020 after underpayment allegations appeared in the media. Hundreds of Seqwater employees were underpaid entitlements under the organisation's enterprise agreements over many years. Many were underpaid because Seqwater incorrectly decided it did not have to provide them with EA entitlements, on the basis they were on individual contracts. Payroll system errors and process issues also caused underpayments. Most of the underpayments relate to overtime pay. Affected staff worked across Brisbane and South East Queensland.

$7.0M penaltyunderpaymententerprise-agreementmisclassification
FWO20 Sept 2022 · Fair Work Ombudsman

Fair Work Ombudsman

S & L Lenz Pty Ltd, a former franchisee of an IGA supermarket in Byford, Western Australia, failed to comply with a Compliance Notice. The notice required the company to back-pay entitlements to a full-time manager employed between April 2013 and January 2010. The worker was underpaid approximately $35,000 in accrued annual leave and pay-in-lieu-of-notice entitlements. The Fair Work Ombudsman investigated after receiving a request for assistance from the affected worker.

$21K penaltyunderpaymentpenalty-ratesannual-leave
FWO20 Sept 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Adept Trolly Collection Services Pty Ltd, operating at Kmart sites in Launceston, Burnie, and Devonport in Tasmania, and its sole director, Ahlam Osman, have been penalized by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice regarding back-payments to five trolley collectors employed between June 2017 and April 2018. A worker initially requested assistance from the Fair Work Ombudsman, leading to the investigation.

$62K penaltyunderpaymentpenalty-ratespublic-holidays
FWO15 Sept 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Quang Dung Dinh, a sole trader operating a residential building and construction services business in Melbourne, failed to comply with a Compliance Notice. A worker employed as a full-time general labourer between January and February 2021, requested assistance from the Fair Work Ombudsman. An inspector believed the worker was underpaid minimum wage, overtime, and penalty rates for weekend and public holiday work, paying an hourly rate of $20.71 for some hours. The Fair Work Ombudsman commenced an investigation and issued a Compliance Notice in August 2021.

$5K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO15 Sept 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Woolshed Bakery in Tara, Queensland, after a worker requested assistance. Allan James Beil, the sole trader operating the bakery, and Brooke Beil, involved in managing the bakery, were found to have breached workplace laws. Allan Beil failed to comply with a Compliance Notice regarding back-paying a worker and issuing pay slips. The worker, employed casually from March to May 2020, alleged underpayment of casual night shift allowance and weekend penalty rates under the General Retail Industry Award 2010. A Fair Work Inspector issued a Compliance Notice in July 2021.

$12K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO14 Sept 2022 · Fair Work Ombudsman

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 Williamstown. These inspections are part of a national food precincts program and focus on compliance with workplace laws, particularly concerning employers of visa holders. The inspections involve speaking with business owners, managers, and employees, and reviewing records. This action follows reports suggesting potential breaches of workplace laws.

$393K penaltyunfair-dismissalunderpaymentcasual-conversion
FWO11 Sept 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated 48 businesses in Darwin food precincts, including Darwin City, Casuarina, and Palmerston City. The investigation found 76% of businesses were non-compliant with workplace laws. Many businesses employed visa holders. The investigation focused on businesses with a history of non-compliance, anonymous tip-offs, or employing vulnerable workers. A total of 479 employees were underpaid, with $393,453 recovered in wages.

$400K penaltyunderpaymentpenalty-ratescasual-conversion
FWO1 Sept 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Community Living & Respite Services Inc (CLRS), a disability services provider operating in Echuca and Moama, New South Wales and Victoria, underpaid employees between 2015 and 2021. The underpayments occurred because CLRS failed to correctly implement an Equal Remuneration Order from 2012, which increased minimum wages in the social and disability services sector. CLRS self-reported the non-compliance to the Fair Work Ombudsman in 2021. The affected employees were primarily disability and aged care workers, including full-time, part-time, and casual staff. A total of 391 current and former employees were impacted.

$3.0M penaltyunderpaymentpenalty-ratesmodern-award-variation
FWO30 Aug 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Ansa Finance Pty Ltd, a mortgage broking business in Toorak, and the Respondent. A worker, employed as a finance broker assistant from July to November 2021, contacted the Fair Work Ombudsman seeking assistance. An inspection found the worker was allegedly underpaid minimum wages, personal leave, and accrued annual leave entitlements under the Banking, Finance and Insurance Award 2020 and the National Employment Standards. Ansa Finance failed to comply with a Compliance Notice requiring back-payment of entitlements. This is the second legal action against the company and manager, with a previous case still before the court.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO30 Aug 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Skyjohn Pty Ltd, trading as Supreme Crash Repairs in Dudley Park, Adelaide, failed to back-pay entitlements to a spray painter employed between March 2020 and March 2021. The Fair Work Ombudsman investigated after a worker requested assistance. A Compliance Notice was issued in May 2021, requiring back-payment of accrued but untaken annual leave. The company and its sole director, Peter Albert Robinson, disregarded the notice.

$20K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO29 Aug 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The University of Newcastle (UON) and Charles Sturt University (CSU) have agreed to back-pay staff a total of approximately $9.4 million due to underpayments. UON admitted to underpaying 7,595 employees between 2014 and 2020, totaling $6.27 million. CSU admitted to underpaying 2,526 casuals between 2015 and 2022, totaling $3.24 million. Both universities self-reported the issues and are cooperating with the Fair Work Ombudsman.

$6.2M penaltyunderpaymentcasual-conversionpenalty-rates
FWO10 Aug 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against The University of Melbourne. The University allegedly coerced and took adverse action against two casual academics to prevent them from claiming payment for work performed. One academic was not offered further teaching work after requesting payment for extra hours and making complaints. A supervisor allegedly threatened not to re-employ the academics if they claimed outside their contracted hours. The academics were engaged on short-term casual teaching contracts since at least 2016 and 2017. The alleged incidents occurred in August 2020 and February 2021.

$67K penaltygeneral-protectionspenalty-ratescasual-conversion
FWO4 Aug 2022 · Fair Work Ombudsman

Fair Work Ombudsman

C & G Smith Enterprises Pty Ltd, formerly operating a Rapid Tune franchise in Keysborough, Melbourne, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice related to underpayment of a full-time motor mechanic employed between October 2019 and October 2020. The mechanic had requested assistance regarding their pay and entitlements. The company’s failure to act on the Compliance Notice led to legal action by the Fair Work Ombudsman.

$22K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO4 Aug 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Utility Five Pty Ltd, a construction company in Perth trading as Metro Civil WA, and its sole director Brian Edward Johnson, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into the company's failure to back-pay entitlements to two former employees who worked before November 2020 and February 2021. The workers had requested assistance regarding their pay and entitlements. A Fair Work Inspector issued Compliance Notices in 2021 regarding unpaid annual leave entitlements.

$36K penaltyunderpaymentpenalty-ratesannual-leave
FWO7 July 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman secured a penalty against Jessica Lee Schneider, who operates Vengeance Performance Horses near Geelong, Victoria. Two young workers, aged 16 and 21, were employed part-time at the horse training business for approximately three and six months until January 2021. The Fair Work Ombudsman investigated after the workers requested assistance. Schneider failed to comply with Compliance Notices requiring her to back-pay the workers and provide pay slips.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO7 July 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, who operated Spann’s Cleaning Services near Brisbane. A Fair Work Inspector investigated after a worker requested assistance. The worker was employed casually between December 2020 and September 2021. The inspector believed the worker was not paid entitlements under the Cleaning Services Award 2020, totaling $891.61. the Respondent was issued a Compliance Notice but allegedly failed to comply.

$892 penaltyunderpaymentpenalty-ratesmodern-award-variation
FWO6 July 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Silver Chain Group Limited, a national not-for-profit community health and aged services organisation, signed an Enforceable Undertaking with the Fair Work Ombudsman after back-paying Western Australian staff more than $17 million. Silver Chain self-reported in 2020 after identifying underpayments in a review triggered by employee concerns. Between 2013 and 2021, WA employees were underpaid entitlements set out in the Silver Chain Group Limited National (Non-Nursing) Enterprise Agreement 2017 and its 2014 and 2009 predecessors. Most affected staff were part-time care aides, home help and therapy assistants across Perth and regional WA.

$17.0M penaltyunderpaymententerprise-agreement
FWO5 July 2022 · Fair Work Ombudsman

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 were visa holders from China, Japan, Korea, and Thailand, were paid as little as $16 an hour. The company falsified records during a Fair Work Ombudsman investigation. One worker contacted the Fair Work Ombudsman alleging underpayment.

$355K penaltyunderpaymentpenalty-ratescasual-conversion
FWO3 July 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Westbridge Constructions (VIC) Pty Ltd, based in Glenburn, Victoria, failed to comply with a Compliance Notice regarding a carpentry apprentice employed from August 2018 to February 2020. The Fair Work Ombudsman investigated after the worker requested assistance. The Compliance Notice related to alleged underpayment of minimum wages, overtime rates, and annual leave entitlements. The worker was 19 years old when he started working for the company.

$33K penaltyunderpaymentpenalty-ratesannual-leave
FWO3 July 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Innovative Aluminium Pty Ltd, a Melbourne-based company that manufactures aluminium windows and doors, and its sole director, the Respondent, have been penalised by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice regarding back-payments owed to a project manager employed between January 2019 and September 2019. The Applicant requested assistance from the Fair Work Ombudsman. The company back-paid $4,801 after legal action commenced.

$15K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO30 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman announced changes to minimum wage rates effective July 1, 2022. The national minimum wage increased to $21.38 per hour or $812.60 per week. Casual employees receiving the national minimum wage must now receive $26.73 per hour, including a 25% casual loading. Employees covered by awards will see a minimum wage increase of 4.6%, or $40 per week, depending on their current wage. Some awards in the aviation, hospitality, and tourism industries will see the increase implemented from October 1, 2022.

$813 penaltyminimum-wagespenalty-ratescasual-conversion
FWO30 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Bean Away Pty Ltd, which operates a Zarraffa’s Coffee store in Pacific Pines, Gold Coast, and its sole director, the Respondent. A former store manager, employed between February 2019 and March 2021, requested assistance. A Fair Work Inspector issued a Compliance Notice in September 2021, concerning unpaid payment in lieu of notice upon termination. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO29 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against DB Richardson Trading Pty Ltd, trading as 'Electrafi', and its sole director, the Respondent. The company, based in Springvale South, Melbourne, was investigated after two electrical workers requested assistance. A Fair Work inspector believed the company underpaid minimum wages and annual leave entitlements under relevant awards and the National Employment Standards. One worker, aged 20-21, allegedly received just $100 for five months of casual and four months of full-time work. The other, aged 19, was reportedly paid $3250 for over three months of casual and seven months of part-time work. The company failed to comply with a Compliance Notice requiring back-payment of entitlements.

$3K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO29 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Applicant and her husband, who operate Daily Cleaning Services in Ararat, Victoria. The action followed a request for assistance from an international student who worked as a casual cleaner for Mrs Dale between March and August 2019. A Fair Work Inspector issued a Compliance Notice in March 2020, alleging underpayment of casual minimum wages and penalty rates. It is alleged that approximately $2,100 remains owing. The couple allegedly failed to comply with the Compliance Notice.

$2K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO28 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Joe Antonios Carpentry and Woodwork Pty Ltd, trading as ‘Wastewood’, and its sole shareholder and director, Joseph Antonios. The action followed a request for assistance from a worker who held a part-time administrative officer position from June 2020 to July 2021. A Fair Work Inspector issued a Compliance Notice in September 2021, alleging unpaid entitlements under the Clerks - Private Sector Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice, including failing to pay accrued annual leave and payment-in-lieu-of-notice.

$4K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO28 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Souvlaki GR Ormond Pty Ltd, Souvlaki GR Thornbury Pty Ltd, and GR St Kilda Pty Ltd, and their sole director, the Respondent. This followed requests for assistance from five workers who worked at the Melbourne restaurants between August 2020 and March 2021. The workers, including a cook and four young food and beverage attendants, allegedly were underpaid under the Restaurant Industry Award 2020 and the National Employment Standards. Compliance Notices were issued in October 2021, but were not complied with.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO27 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against BGSZO Pty Ltd, trading as Up Dog Diesel, and its sole director, the Respondent. The company, based in Ipswich, Queensland, was investigated following a request for assistance from a former tyre fitter who worked between April 2020 and April 2021. A Fair Work Inspector issued a Compliance Notice in July 2021 regarding unpaid annual leave entitlements. The company allegedly failed to comply with this notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO27 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Polyfone Telecom Pty Ltd, a Gold Coast telecommunications company, and its sole director, the Respondent. The action followed a request for assistance from a former bookkeeper who worked for the company from December 2014 to September 2020. A Fair Work Inspector issued a Compliance Notice in February 2021, believing the worker was owed unpaid annual leave, personal leave, and superannuation entitlements under the Telecommunications Services Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice, and approximately $28,120.80 remains outstanding.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO23 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Jenny Global Pty Ltd, formerly operating the Dae Bark Mart grocery store in Melbourne, has been penalized by the Federal Circuit and Family Court. A South Korean worker on a working holiday visa was employed as a retail assistant from January to May 2020. He was paid between $12 and $16 per hour, plus small cash payments, and did not receive payslips. The company also had previous links to Jenni International Pty Ltd and a former director, Jordan Shan, who were previously penalized for underpayments.

$108K penaltypenalty-ratesunderpaymentgeneral-protections
FWO23 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, who operates Jagged Edge Hair Design and T.L.C By the Sea in Port Macquarie, NSW, failed to comply with a Compliance Notice. The Fair Work Ombudsman investigated after a request from a hairdresser who worked full-time at the salon between January 2019 and January 2021. The worker was aged 23 to 25 during this period.

$4K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO19 June 2022 · Fair Work Ombudsman

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 casual kitchenhand from April 2018 to August 2019, requested assistance. The investigation revealed that Riddhi Siddhi made false records and provided them to Fair Work Inspectors. They also provided false payslips to an employee and failed to comply with a Compliance Notice. The worker was paid between $11 and $13 an hour and worked up to 66 hours per week. The company back-paid the worker $59,400 plus interest and superannuation after legal action commenced.

$204K penaltyunfair-dismissalunderpaymentpenalty-rates
FWO16 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Equine Robinson Pty Ltd, which operated 'Horse Riding Hinterland' in Tamborine Mountain, Queensland, and its sole director, the Respondent. The action follows a request for assistance from a young casual horseride attendant, aged 20-21, who worked from June 2019 to November 2020. A Fair Work Inspector issued a Compliance Notice in July 2021 alleging underpayment of casual minimum wages, including penalty rates, under the Amusements, Events and Recreation Award 2010 and 2020. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO16 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against the Respondent, who operated 'RC Express' in Taree, NSW. The investigation began after four workers, including an administration clerk and three delivery drivers, requested assistance. They were employed between February 2016 and June 2021. A Fair Work Inspector issued a Compliance Notice in September 2021, believing the workers were underpaid entitlements under several awards and the National Employment Standards. The Compliance Notice required the Respondent to calculate and backpay outstanding entitlements, which she allegedly failed to do.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO13 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Absolute Thai Melbourne Pty Ltd, which operated a restaurant called Wokks in Carlton, and its director Ronald Nah, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into unpaid entitlements for a food and beverage attendant employed on a casual basis from July 2019 to July 2020. The company failed to comply with Compliance Notices requiring back-payment of entitlements. The worker requested assistance from the Fair Work Ombudsman.

$20K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO13 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Pacific Security Services Pty Ltd, based in Romsey, Victoria, failed to comply with a Compliance Notice. The Fair Work Ombudsman investigated after a security officer requested assistance. The officer worked for the company between November 2017 and May 2019. A Fair Work Inspector issued a Compliance Notice in February 2020.

$19K penaltyunderpaymentpenalty-ratespublic-holidays
FWO5 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against The Lodge MGL Pty Ltd, which operates Write Coffee Reserve in Menai, southern Sydney. The investigation began after three workers requested assistance. They included a 17-year-old food and beverage attendant, a Nepalese kitchen attendant on a student visa, and an adult food and beverage attendant. The workers allege they were not paid wages for periods between December 2020 and April 2021. A Fair Work inspector issued a Compliance Notice in August 2021, which the company allegedly failed to follow.

$33K penaltyunderpaymentpenalty-ratespublic-holidays
FWO5 June 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the former operator of 'Honourable Cleaning' in Auburn, New South Wales. The action followed requests for assistance from two international students from Nepal, who were employed as casual cleaners between August and October 2020. A Fair Work Inspector issued a Compliance Notice in January 2021, believing the workers were underpaid casual minimum wages under the Cleaning Services Award 2020. The Respondent allegedly failed to comply with the notice, which required him to calculate and back-pay the workers’ entitlements.

$5K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO2 June 2022 · Fair Work Ombudsman

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 Hills, and Darlinghurst. These inspections aim to ensure businesses comply with workplace laws and pay employees correctly. The regulator received intelligence, including from anonymous reports, suggesting potential breaches of workplace laws, particularly concerning businesses employing visa holders. Previous inspections in other Australian cities have recovered substantial underpayments for numerous workers.

$189K penaltyunderpaymentgeneral-protectionsmisclassification
FWO31 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, who operated City Central Cleaning in Adelaide. An investigation began after a request for assistance from a part-time administration assistant employed between January 29 and February 15, 2021. The worker, who was in Australia on a bridging visa, allegedly did not receive proper entitlements under the Clerks – Private Sector Award 2020. A Compliance Notice was issued in July 2021, which the Respondent allegedly failed to comply with, and is also accused of issuing false payslips.

$7K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO31 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman is taking legal action against Tolu Investors Pty Ltd and its director, the Respondent, former operators of Spinnakers Brasserie in Gosford, NSW. The action follows a request for assistance from the Applicant who was engaged as a full-time employee. An inspector believed the Applicant, who speaks Urdu as a first language, was underpaid wages and personal leave entitlements between March 2018 and June 2021, in breach of the Restaurant Industry Award 2010, Restaurant Industry Award 2020 and the National Employment Standards. The company partially back-paid some entitlements.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO30 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against The Easy Vaping Company Pty Ltd, its sole director Kate Dillon Chan, and her husband Edward Chan. This followed a request for assistance from a Chinese worker who held a 457 skilled work visa and worked as a marketing specialist for the company between 2017 and 2020. The worker alleges he was required to repay $13,000 of his wages and entitlements between July 2017 and March 2018. It is alleged the company pressured the worker to comply by stating they could not afford the minimum annual wage for his position. The company has since back-paid the worker.

$13K penaltyunderpaymentgeneral-protectionsvisa-holders
FWO26 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, a former operator of the Crossroads Hotel Narrabri in regional New South Wales. Two workers, a cook and a chef, contacted the Fair Work Ombudsman for assistance. They had been employed full-time at the hotel between December 2019 and August 2021. A Fair Work Inspector issued a Compliance Notice in October 2021, believing the workers had not been paid accrued annual leave entitlements under the Hospitality Industry (General) Award 2020. The cook was allegedly owed 216 hours and the chef 128 hours. the Respondent back-paid the workers over $12,000 after the legal action commenced.

$2K penaltyunderpaymentpenalty-ratesannual-leave
FWO26 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Avant-Garde Logistics Solutions Pty Ltd (trading as Apex Logistics) and its director, the Respondent. This followed a request for assistance from workers and an investigation revealing potential underpayment. Four workers, including a 19-year-old and a visa holder from Nepal, were allegedly underpaid between September 2020 and March 2021. The alleged underpayments included minimum rates, casual loadings, minimum-engagement pay, and overtime entitlements under the Road Transport and Distribution Award 2020. The company failed to comply with Compliance Notices issued by a Fair Work inspector.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO24 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Core9 St Ives Pty Ltd, a former Core9 Fitness franchise outlet in St Ives, and its sole director, the Respondent. This followed a request for assistance from the Applicant who worked between February 2018 and March 2021. An inspector issued a Compliance Notice in August 2021, alleging the Applicant was not paid over $6000 in accrued annual leave. The company allegedly failed to comply with the notice.

$6K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO24 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Shree Hari Kishan Pty Ltd, which operates 'M Hair 'n' Beauty Studio' in Dandenong and formerly 'Multi Cut Hair and Beauty Salon' in Springvale. The company's sole director, the Respondent, is also facing court. The action follows a request for assistance from an Indian worker employed as a full-time hairdresser between July 2019 and July 2020. The Applicant alleged underpayment of minimum wages, meal allowance, overtime rates, and penalty rates. A Compliance Notice was issued in March 2021, which was allegedly not complied with. The company and the Respondent are also accused of providing false or misleading records to a Fair Work inspector.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO23 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, the former director of two companies trading as City Convenience stores in Adelaide, faced legal action from the Fair Work Ombudsman. The stores, located at 3 Rundle Mall and 132 Grenfell Street, failed to comply with Compliance Notices and issue pay slips. An investigation began after a worker requested assistance. The Compliance Notices related to underpayment of minimum wage rates, overtime rates, and penalty rates for weekend, evening, and public holiday work between November 2018 and August 2019. One worker was employed as a casual retail assistant.

$30K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO23 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, who operated the Red Lion Brewery bistro in Kilmore, Victoria, faced legal action from the Fair Work Ombudsman. An adult apprentice chef worked at the bistro from October 2019 to March 2020. The Fair Work Ombudsman investigated after the worker requested assistance. A Compliance Notice was issued in March 2021, requiring back-payment of entitlements. the Applicant failed to comply with this notice.

$3K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO12 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, who operates Mortlake Deli Fresh Café in Mortlake, Victoria, failed to comply with a Compliance Notice from the Fair Work Ombudsman. The Compliance Notice related to a worker employed at the café between July 2018 and November 2019. The worker alleged she was underpaid minimum wages, penalty rates for public holidays, early mornings, and weekends, and accrued but untaken annual leave. the Respondent also issued pay slips with incorrect information. The Fair Work Ombudsman initiated an investigation after receiving a request for assistance from the worker.

$10K penaltyunderpaymentpenalty-ratespublic-holidays
FWO12 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

L.E.C. Builders & Designers Pty Ltd, a building business based in Carrum Downs, and its sole director, the Respondent, have been penalised by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a young construction worker sought assistance. The worker was employed between May 2019 and June 2020. A Compliance Notice was issued in December 2020, requiring the company to calculate and back-pay entitlements. The company failed to comply with the notice.

$44K penaltypenalty-ratesannual-leavegeneral-protections
FWO10 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Corinthian Capital Pty Ltd, formerly operating 'Galangal Award Winning Thai Cuisine' in Mount Hawthorn, Perth, and its sole director, Richard James Trainer, have been penalised by the Federal Circuit and Family Court. This followed the company's failure to comply with three Compliance Notices regarding underpayments to 11 workers, including waiters, kitchen staff, and drivers, employed between February and July 2020. Some workers held working holiday visas or were international students. The Fair Work Ombudsman investigated after receiving requests for assistance from the affected employees.

$78K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO10 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Designer Projects Victoria Pty Ltd, trading as ‘Designer Projects’ in Melton, and its director, the Respondent. The company was investigated after a worker, a construction site supervisor, contacted the Fair Work Ombudsman seeking assistance. It was alleged the Applicant was not paid accrued annual leave entitlements when their employment ended. The company also allegedly breached pay slip laws. A Compliance Notice was issued in November 2021, which the company failed to comply with.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO9 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent and a co-worker, who operated RBE Transport, a furniture delivery business in Maitland, NSW. The action followed a request for assistance from a worker employed as a full-time furniture delivery assistant from December 2020 to July 2021. A Fair Work Inspector issued a Compliance Notice in September 2021, believing the worker had not been paid all entitlements under the Road Transport and Distribution Award 2020 and the Fair Work Act, including accrued but untaken annual leave. The Respondent allegedly failed to comply with the notice, and his colleague was allegedly involved.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO9 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Local Builders Direct Pty Ltd, a home construction company based in Ravenhall and Diggers Rest, Victoria, and its sole director and shareholder, the Respondent. The action follows a request for assistance from the Applicant employed between November 2020 and May 2021. A Fair Work Inspector issued a Compliance Notice in July 2021, alleging underpayment of minimum wages, payment in lieu of notice, and annual leave entitlements. While the company back-paid $796.70, over $500 remains outstanding.

$797 penaltyunderpaymentgeneral-protectionspenalty-rates
FWO5 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Drillchan Pty Ltd, a fence construction business in Goondiwindi, Queensland, after a Dutch worker sought assistance. The worker, employed as a casual construction worker between April and July 2020, alleged underpayment of wages. A Fair Work Inspector issued a Compliance Notice in November 2020, but the company failed to comply. Stephen John Warburton, the company’s sole director, was also involved.

$14K penaltyunderpaymentcasual-conversionpenalty-rates
FWO5 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Centennial Wealth Pty Ltd and its sole director, the Respondent. This followed a request for assistance from a former worker and an investigation into potential underpayment. A Fair Work Inspector issued a Compliance Notice in August 2021, concerning a former coordinator of property investor relations who worked between May 2019 and March 2020. The notice related to alleged underpayment of annualised salary entitlements and unpaid payment in lieu of notice and accrued annual leave. Centennial Wealth Pty Ltd has since entered external administration.

$4K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO4 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Turn-Key Fitout Pty Ltd, a Melbourne-based installation and fit-out business. The investigation began after a junior cabinet maker, aged 19 to 20, contacted the Fair Work Ombudsman for assistance. He was employed full-time from May 2020 to May 2021. A Fair Work inspector issued a Compliance Notice in September 2021, alleging underpayment of wages and annual leave entitlements under the Timber Industry Award 2010, the Timber Industry Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice and also breached pay slip laws.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO4 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, who operates 'The brothers metal roofing' in Sydney. Two workers, a roof plumber and a casual labourer, were employed between March and August 2021. A Fair Work Inspector issued a Compliance Notice in October 2021 after believing the workers were underpaid wages, allowances, and leave entitlements under the Plumbing and Fire Sprinklers Award 2020 and the National Employment Standards. The Respondent allegedly failed to comply with the notice.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO3 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

AKASA WA PTY LTD, trading as My Moovers WA & SA, failed to comply with a Fair Work Ombudsman Compliance Notice. The company employed a worker as a call centre customer contact officer from November 2020 to March 2021. The Compliance Notice required back-payment of entitlements for underpaid minimum wages, overtime, weekend and public holiday penalty rates. The worker had not been fully back-paid to date.

$14K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO3 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Rachael Louise Medispa Pty Ltd, a cosmetic injectables and skin clinic in Drummoyne, Sydney, and its sole director, Rachael Louise Birch, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding unpaid entitlements to a worker employed as an advanced cosmetic injector and head trainer between December 8 and 25, 2020. The Fair Work Ombudsman investigated after a worker requested assistance. The clinic failed to backpay the worker as required by the Nurses Award 2010.

$30K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO1 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Garry Bateman Plumbing Pty Ltd, a plumbing company in Wagga Wagga, NSW, and its sole director, Garry Bateman, have been penalized by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding underpayment to a young apprentice plumber employed between January and July 2020. The apprentice was 18 to 19 years old during this time. A Fair Work Inspector issued the Compliance Notice in June 2021 after suspecting underpayment of minimum wages and annual leave entitlements.

$30K penaltyunderpaymentpenalty-ratesapprenticeship
FWO1 May 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Bhangu Pty Ltd, trading as Rehaan Automotive Care, a vehicle repair business in Archerfield, Brisbane. The action follows a request for assistance from a visa-holder worker who was employed as a motor mechanic from February 2017 to February 2018. A Fair Work Inspector issued a Compliance Notice in September 2021, alleging the worker was not paid minimum wages and accrued annual leave. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO28 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Alpine Fresh Pty Ltd, a Brisbane-based road freight transport company, and its director, Mitchel McAlpine, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of entitlements to two drivers employed on a casual basis. One driver was employed from October 2014 to July 2020, and the other from October 2018 to September 2020. The company failed to comply with Compliance Notices requiring back-payment of entitlements. The workers sought assistance from the Fair Work Ombudsman.

$32K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO28 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated T.S.T Commercial Cleaning Pty Ltd, a contract cleaning business in Rutherford, New South Wales, and its director, Tracey Greer. Two cleaners employed on a casual basis were underpaid entitlements in January and February 2021. The company failed to back-pay the workers until legal proceedings were initiated. A Fair Work inspector issued a Compliance Notice in April 2021, which the company did not follow.

$16K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO21 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, a sole trader operating 'Sawdy Pastoral Company' in central Queensland. Three full-time cleaners and housekeepers raised concerns after being employed between July and December 2020. A Fair Work Inspector issued Compliance Notices in March and June 2021, believing the workers were underpaid minimum wages, overtime, and accrued annual leave. The investigation followed requests for assistance from the workers.

$7K penaltyunderpaymentpenalty-ratesannual-leave
FWO21 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against More Than Skin Pty Ltd, which operated The Noshery café in Glebe, Sydney, and its co-directors, the Respondent and her partner. The action follows requests for assistance from three workers employed between September and December 2020. A Fair Work Inspector issued Compliance Notices regarding unpaid minimum casual wages, casual penalty rates for weekend and public holiday work, and failure to provide pay slips. The company and directors allegedly failed to comply with these notices.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO20 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, who operated a roofing business called ‘Matt’s Gutta & Roofing Restos’ in Loganlea, Brisbane. The action followed a request for assistance from a former part-time administration assistant who worked between July 2020 and June 2021. An inspector issued a Compliance Notice in August 2021, alleging unpaid payment-in-lieu-of-notice and accrued annual leave entitlements. the Respondent allegedly failed to comply with the notice.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO20 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated The Coffee Traders Group, which operates a café called 'Coffee Trad3rs' in Castle Hill, Sydney. A young waitress worked part-time from July 2018 to June 2019 and casually from July to September 2019. A Fair Work Inspector issued a Compliance Notice in March 2021, believing the Applicant hadn't received proper entitlements under the Restaurant Industry Award 2010 and the Fair Work Act. The company and its sole director, the Respondent, failed to comply with the notice. The Applicant was aged 18 to 20 during her employment.

$14K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO19 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Angels Care (Australia) Pty Ltd, a home nursing and care services business in Victoria, and its director, Geoffrey David Harrison. This followed a request for assistance from two managers employed by the company. A Fair Work Inspector issued a Compliance Notice in May 2021, believing Angels Care failed to pay accrued annual leave entitlements to the two workers when their employment ended in early 2021. The workers were believed to be owed a total of 322 hours of annual leave. The company did not comply with the notice.

$33K penaltyunderpaymentannual-leavegeneral-protections
FWO19 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the operator of a kitchen installation business in Melbourne. A worker employed as a general hand and trades assistant between February and March 2021, contacted the Fair Work Ombudsman seeking assistance. A Fair Work Inspector issued a Compliance Notice in July 2021, believing the worker was underpaid entitlements under relevant awards. The Respondent allegedly failed to comply with this notice.

$4K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO18 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Johns Removalist & Storage Pty Ltd, a removalist business based in Bossley Park, western Sydney. A worker employed in a clerical role from November 2020 to January 2021 raised concerns about unpaid entitlements. A Fair Work Inspector issued a Compliance Notice in May 2021, but the business failed to comply. The worker allegedly did not receive wages for part of their employment and was not paid accrued annual leave.

$30K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO18 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Barry Ciotti, who operates Adelaide Chauffeur Company, after a chauffeur and ride-share driver requested assistance. The driver was employed on a casual basis in February and March 2021. A Fair Work Inspector issued a Compliance Notice in April 2021, believing the worker was underpaid minimum wages and casual loading under the Passenger Vehicle Transportation Award 2020, and was not paid for the last two weeks of employment. Ciotti failed to comply with the notice.

$5K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO13 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Spotless Services Australia Limited terminated the employment of three workers at Perth International Airport in 2015 when contracts expired. The company failed to pay approximately $29,013 in redundancy entitlements to these workers. One worker was employed for 32 years, while the others were employed for about four and a half years. Spotless argued the 'ordinary and customary turnover of labour' exception applied, but the Federal Court disagreed. The Fair Work Ombudsman investigated and commenced legal action in 2017. The company did not admit liability.

$18K penaltyredundancygeneral-protectionspenalty-rates
FWO12 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Martina Corp Pty Ltd, which operates a café called 'Bare Witness' in Rhodes, Sydney. The action followed a request for assistance from a migrant worker employed as a cook between July 2020 and March 2021. A Fair Work Inspector issued a Compliance Notice in June 2021 after suspecting the worker was underpaid. It's alleged the worker was paid a flat hourly rate of $21.54, below the full-time minimum wage and without penalty rates or meal break entitlements. Martina Corp failed to comply with the Compliance Notice, which required calculation and back-payment of entitlements. The company has since entered liquidation.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO12 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Benny842 Pty Ltd, formerly operating a Burger Boss restaurant in Pakenham, and its former director, Shane Dharmatilake. A young worker, aged 20, was employed as a food and beverage attendant from June to October 2020. A Fair Work Inspector issued a Compliance Notice in December 2020 after suspecting the worker was underpaid minimum wage, overtime, penalty rates, and accrued annual leave. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO11 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against The Emperor’s Court Pty Ltd, which operated a restaurant in Wembley, and its sole director, the Respondent. The action follows a request for assistance from a former full-time cook employed from June to September 2020. A Fair Work Inspector issued a Compliance Notice in July 2021, alleging the worker was underpaid minimum wage, overtime, penalty rates, leave entitlements, and accrued annual leave. The company failed to comply with the notice, and the Respondent is alleged to have been involved.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO11 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Kids Academy Hope Island Pty Ltd, formerly operating a Gold Coast childcare centre, has been penalised by the Federal Circuit and Family Court. This followed the company's failure to comply with three Compliance Notices regarding unpaid entitlements. The company employed 38 workers before the centre closed in 2020. Workers requested assistance from the Fair Work Ombudsman regarding their pay and entitlements.

$45K penaltyunfair-dismissalunderpaymentredundancy
FWO10 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

M.X.S. Australia Pty Ltd, trading as MedX Physio in Southport, Queensland, failed to back-pay entitlements to a full-time employee between February and August 2020. The employee held a support services role performing administrative and cleaning duties. A Fair Work Inspector issued a Compliance Notice in February 2021, but the business did not comply. The worker requested assistance from the Fair Work Ombudsman.

$23K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO10 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Queensland Xray Group Pty Ltd, operating as Uniradiology at Southport, Queensland, failed to comply with a Compliance Notice. The company employed a radiographer from Zimbabwe on a 482 temporary skills shortage visa. The Fair Work Ombudsman investigated after the worker requested assistance. The company initially did not pay the worker her accrued but untaken annual leave entitlements. They back-paid the $1551.41 only after the Fair Work Ombudsman commenced legal proceedings.

$15K penaltyunderpaymentannual-leavegeneral-protections
FWO7 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman (FWO) conducted surprise inspections of approximately 50 food businesses in inner south Melbourne, including Albert Park, Balaclava, Brighton, Elwood, Port Melbourne, Prahran, South Yarra, St Kilda, and Windsor. The inspections aimed to check for compliance with workplace laws, particularly regarding pay and entitlements. The FWO received reports suggesting potential underpayments, and targeted businesses employing vulnerable workers like visa holders and students. Inspectors spoke with owners, managers, and employees and reviewed records.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO4 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Alliance Property Consultancy Pty Ltd, which operated 'Storm Assist' in Brisbane, and its sole director, the Respondent. The action followed a request for assistance from a former sales consultant who worked for the company between January and May 2021. A Fair Work Inspector issued a Compliance Notice in August 2021 after suspecting the worker was underpaid annual leave entitlements under the Miscellaneous Award 2020 and the Fair Work Act. The company allegedly failed to comply with the notice and backpay the worker’s entitlements.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO4 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman took legal action against the Respondent, who operates Modern Day Communications in Melbourne. This followed her failure to comply with a Compliance Notice regarding unpaid entitlements to a visa holder employed as a graphic designer. The worker performed work from October 2020 to November 2020 and then from January 2021 to February 2021. A Fair Work Inspector issued the Compliance Notice after suspecting the worker was not paid wages.

$3K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO3 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, who operates Award Kitchens in Concord, Sydney, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice required him to back-pay entitlements to a former employee who worked full-time between July 2018 and August 2020. The worker was underpaid minimum wages, weekend overtime, and did not receive annual leave entitlements upon termination. the Applicant rectified the $21,026.27 underpayment and $1,030.79 in superannuation after legal proceedings began.

$3K penaltyunderpaymentpenalty-ratesannual-leave
FWO3 Apr 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Universal Asian Supermarket Southbnk Pty Ltd and its sole director, Songbo (Alex) Yang, faced legal action from the Fair Work Ombudsman. A part-time retail assistant, a student visa holder from China, worked at the supermarket from June 2019 to September 2020. A Fair Work Inspector issued a Compliance Notice in March 2021, believing the worker was underpaid minimum wages, penalty rates, overtime, public holiday pay, and accrued annual leave. The company back-paid the worker after the Fair Work Ombudsman commenced legal action.

$21K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO31 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Lilyvale Hotel Pty Ltd, operating the Shangri-La hotel in Sydney, underpaid employees between 2013 and 2019. The Fair Work Ombudsman investigated and found the company failed to ensure annualised salaries covered minimum overtime and penalty rate entitlements under the Hospitality Industry (General) Award 2010. This resulted in underpayments of overtime, penalty rates, meal break penalties, and annual leave loading. A total of 199 current and former employees, including those on various visas, were affected. The roles impacted included cooks, chefs, attendants, porters, and those in purchasing, engineering, room service, and front office roles.

$3.0M penaltyunderpaymentpenalty-ratesmodern-award-variation
FWO31 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Pagoda Tree (Vic) Pty Ltd, a women’s health clinic in Albert Park, Melbourne, and its sole director, Natalie Jade Kringoudis, have been penalised by the Federal Circuit and Family Court. The company withheld government-funded parental leave payments from a Chinese Medicine Practitioner employee who took parental leave in 2018. The clinic received $12,948.30 from the Commonwealth Government’s Paid Parental Leave scheme but failed to pass the full amount to the employee. The employee also experienced underpayment of annual leave, casual loading, and Saturday loadings between 2016 and 2019. The company also breached record-keeping laws.

$70K penaltypenalty-ratesparental-leaveunderpayment
FWO30 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

IP West Pty Ltd, formerly operating the London Spice Bulimba restaurant in Brisbane, is facing legal action from the Fair Work Ombudsman. The action follows a complaint from a waitress who worked casually between November 2020 and August 2021, when she was aged 18 to 19. A Fair Work Inspector issued a Compliance Notice in November 2021 regarding alleged underpayment of minimum hourly rates, casual loading, and weekend penalty rates under the Restaurant Industry Award 2020. The company failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO30 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against RS Diners Pty Ltd (trading as Bobo’s Diner in Frankston) and Route 45 Pty Ltd (trading as Route 45 Roadhouse in Forest Hill), and their sole director, George Stathakopulos. The investigation began after receiving requests for assistance from workers. Inspectors issued Compliance Notices in January and February 2021, alleging underpayment of entitlements including minimum rates, overtime, penalty rates, and annual leave for food and beverage attendants and a prep chef. The companies allegedly failed to comply with these notices and also breached payslip requirements. One worker was allegedly underpaid for public holiday work.

$14K penaltyunderpaymentpenalty-ratesannual-leave
FWO29 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Statewide Security (WA) Pty Ltd and its director, Richard Michael Clayton, after receiving requests for assistance from three security guards. The guards were employed between May 2018 and November 2019. A Fair Work Inspector believed the workers were underpaid entitlements under the Security Services Industry Award 2010, including minimum rates, overtime, penalty rates, and annual leave. The company failed to comply with three Compliance Notices and a Notice to Produce records.

$74K penaltypenalty-ratesunderpaymentgeneral-protections
FWO29 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against C & G Smith Enterprises Pty Ltd, formerly operating a Rapid Tune franchise in Keysborough, Melbourne. A young worker was employed as a full-time junior apprentice mechanic from February 2020 to February 2021. Following a request for assistance, a Fair Work Inspector issued a Compliance Notice in October 2021, alleging underpayment of wages, overtime rates, and accrued annual leave. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO24 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Sydney Kimbab Nara, a take-away food outlet in Sydney CBD, after the Applicant from South Korea, who held a 417 working holiday visa, requested assistance. The Fair Work Ombudsman believed the worker was underpaid minimum wage rates, casual loadings, and weekend penalty rates under the Fast Food Industry Award 2010. The operator, the Respondent, initially failed to comply with a Compliance Notice requiring back-payment of entitlements. the Respondent subsequently back-paid the worker after legal action commenced.

$3K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO24 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

Dynamics Clean Services Pty Ltd, a cleaning business based in Campsie, Sydney, and its sole director, Alan Avalos, have been penalised by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice related to unpaid entitlements for a Nepalese casual cleaner employed for approximately one week in October 2020. The cleaner had requested assistance regarding their pay.

$13K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO23 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Jetta Express Pty Ltd, a company providing baggage pickup and delivery services at airports across Australia. The action followed a request for assistance from a full-time driver employed at the Tullamarine site in Melbourne between September 2019 and May 2021. A Fair Work Inspector issued a Compliance Notice in August 2021, believing the worker was underpaid entitlements under the Road Transport and Distribution Award 2020 and the National Employment Standards, including accrued but untaken annual leave. Jetta Express failed to comply with the notice and subsequently back-paid the worker after legal action commenced.

$3K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO23 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, a Melbourne-based sole trader who operates a residential building and construction services business. An investigation began after a worker sought assistance, alleging he was underpaid between January and February 2021. A Fair Work Inspector issued a Compliance Notice in August 2021, believing the worker was paid an hourly rate of $20.71 for some hours and not paid for others, resulting in underpayment of minimum wage, overtime, and penalty rates. The Respondent allegedly failed to comply with the Compliance Notice.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO21 Mar 2022 · Fair Work Ombudsman

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 food employees a flat rate of $10 per hour. This resulted in underpayments of minimum wages, casual loading, weekend penalties, and public holiday rates under the Fast Food Industry Award 2010. The underpayments ranged from $270 to $15,224 per employee, totaling over $63,000. The employees included three visa holders and two young workers. The underpayments occurred between January and June 2019, and between July 2017 and June 2019.

$42K penaltyunderpaymentpenalty-ratescasual-conversion
FWO21 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Klinsic Constructions Pty Limited, a residential building and construction business in Cranebrook, NSW, and its director, the Respondent. The action follows a worker's request for assistance and an investigation revealing potential underpayment of entitlements. The Applicant was employed between January 2019 and July 2021. A Fair Work Inspector issued a Compliance Notice in December 2021, alleging the Applicant was paid an hourly rate of $23.10, resulting in underpayment of his minimum hourly rate, redundancy entitlements, and payment-in-lieu-of-notice. The company failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO20 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Yarraville Business Pty Ltd, formerly operating Cash Converters stores in Yarraville and Taylors Lakes. A worker was employed at the Yarraville store from July 2015 to April 2018, and at the Taylors Lakes store from April 2018 to March 2020. A Fair Work Inspector believed the worker was paid a flat hourly rate of $21.76, resulting in underpayment of minimum wages, overtime, annual leave, and penalty rates. The inspector believed the Banking, Finance and Insurance Award 2010 applied to the Yarraville store and the General Retail Industry Award 2010 to the Taylors Lakes store.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO20 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against BSH Transport Solutions Pty Ltd, a freight transport company based in Regency Park, Adelaide, and its sole director, the Respondent. The action followed a request for assistance from a former payroll manager employed between January 2019 and May 2021. A Fair Work Inspector issued a Compliance Notice in May 2021, believing the worker was underpaid annual and personal leave entitlements. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO17 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against L Trickett Pty Ltd, which operates 'Café Discovery at Agnes' in Agnes Water, Queensland. The action follows a request for assistance from a young waiter who worked at the café between June 2020 and April 2021. A Fair Work Inspector issued a Compliance Notice in July 2021 regarding unpaid payment-in-lieu-of-notice entitlements. The company allegedly failed to comply with the notice, which required calculation and back-payment of the worker's entitlements.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO17 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, the former owner-operator of Riverway Burgers in Townsville, Queensland, has been penalised by the Federal Circuit and Family Court. This followed her failure to back-pay entitlements to six workers, including three who were under 18, between March 2020 and August 2020. A Fair Work Inspector issued Compliance Notices, which the Applicant did not follow. The business is no longer operating.

$16K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO15 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Zenobia Trading Pty Ltd and its sole director, the Respondent, who previously operated 'Zenobia Lebanese Cuisine' in North Strathfield, Sydney. The action follows a request for assistance from a cook employed on a casual basis between February and November 2020. The Applicant alleges that he did not receive all entitlements owed under the Restaurant Industry Award 2020. A Fair Work Inspector issued a Compliance Notice in June 2021, which was not complied with.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO15 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Blue Mist Café in Bankstown, Sydney, after an international student from the Philippines requested assistance. A Fair Work Inspector issued a Compliance Notice in November 2020, requiring the café's operator, Blue Mist Entertainment Pty Ltd, to back-pay wages and penalty rates to the worker. The café was placed into liquidation, preventing the FWO from penalising the company directly. the Respondent, was found to have failed to comply with the Compliance Notice.

$5K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO9 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Schiller Transport Pty Ltd, an Adelaide-based road transport and logistics company. The action followed a request for assistance from a truck driver who worked for the company from 2011 to 2021. A Fair Work Inspector issued a Compliance Notice in August 2021, alleging the worker was not paid all annual leave entitlements upon termination. It was alleged the worker was owed $15,906.05 but received only $5,000. The company allegedly failed to comply with the Compliance Notice. Due to liquidation, the proceedings were discontinued in April 2022.

$16K penaltyannual-leavegeneral-protectionspenalty-rates
FWO9 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent and the Second Respondent, who operated McCullagh Enterprises, a campervan hire business in Hobart. The investigation began after a former visa holder employee from the Philippines contacted the Fair Work Ombudsman seeking assistance. The employee worked as a casual campervan cleaner between September 2018 and March 2020. A Fair Work Inspector issued a Compliance Notice in July 2021, alleging underpayment of the casual minimum wage and overtime, weekend, and public holiday rates under the General Retail Industry Award 2010.

$7K penaltyunderpaymentgeneral-protectionscasual-conversion
FWO8 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated House Hoi An Pty Ltd, a Vietnamese restaurant in Prahran, Melbourne, and its director, Keerthi Hapugasdeniya. The investigation began after employees, two from Vietnam and one from Sri Lanka, requested assistance regarding their pay and entitlements. A Compliance Notice was issued in October 2019, requiring back-payment of entitlements under the Restaurant Industry Award 2010 and National Employment Standards. The company partially back-paid some workers but failed to fully comply with the notice and breached record-keeping and payslip laws.

$66K penaltypenalty-ratesgeneral-protectionsrecord-keeping
FWO8 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Welvin and Kevin Pty Ltd, which operates the Salamanca Wharf Café in Hobart. An inspector issued a Compliance Notice in July 2020 after suspecting five workers were underpaid minimum wage rates and penalty rates between December 2018 and March 2020. The workers included a visa holder and four young workers aged 17 to 19. The company failed to comply with the notice, and also breached record-keeping laws. Most workers received back-payments after legal action commenced.

$29K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO7 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated 39 Sandwich Chefs franchise businesses across Victoria, NSW, South Australia, and Queensland. The investigation, conducted in 2020 and 2021, followed concerns about underpayments and record-keeping issues. Inspectors found 32 of the 39 businesses (82%) were non-compliant. A total of 214 workers were affected, with $182,596 in unpaid wages recovered. The most common issues were underpayment of minimum hourly rates, failure to pay weekend penalty rates, and inadequate record-keeping.

$183K penaltyunderpaymentpenalty-ratesrecord-keeping
FWO3 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Kukoon Pty Ltd, a Melbourne-based company providing National Disability Insurance Scheme (NDIS) plan-management services, and its sole director, the Respondent. This followed a request for assistance from a former senior plan manager who worked full-time between February 2020 and September 2020. A Fair Work Inspector issued a Compliance Notice in July 2021, believing the Applicant was underpaid minimum wage, payment-in-lieu-of-notice, and accrued annual leave. The company allegedly failed to comply with the notice and still owes the Applicant approximately $3,989.76.

$4K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO3 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Skyjohn Pty Ltd, trading as Supreme Crash Repairs in Dudley Park, Adelaide, and its sole director, the Respondent. The action followed a request for assistance from a spray painter employed between March 2020 and March 2021. A Fair Work Inspector issued a Compliance Notice in May 2021, alleging the worker was not paid accrued but unused annual leave. Skyjohn allegedly failed to comply with the notice, and the Respondent is alleged to have been involved.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO2 Mar 2022 · Fair Work Ombudsman

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 the owner and sole director of the companies. The companies allegedly underpaid 163 workers, primarily Korean nationals on various visas, a total of $656,141 between February 2016 and January 2020. The alleged underpayments occurred across Sushi Bay outlets in New South Wales, Darwin, and Canberra. Some workers were subjected to a cashback arrangement and records were allegedly falsified. Previous penalties were issued to her and Sushi Bay ACT in 2019 for underpaying migrant workers.

$650K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO1 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against R&A Barbers Zone Pty Ltd, which operates 'The Barbers Zone' in Fairfield, and its director, the Respondent. The action follows a request for assistance from the Applicant who was a full-time apprentice hairdresser from February 2019 to September 2020. A Fair Work Inspector issued Compliance Notices in May 2021, alleging the Applicant was underpaid entitlements including minimum wage, penalty rates, annual leave loading, and JobKeeper payments. The company and the Respondent allegedly failed to comply with these notices.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO1 Mar 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, a sole trader operating Creative House Cairns in Cairns, failed to comply with a Compliance Notice. The Fair Work Ombudsman investigated after a worker requested assistance. the worker was employed full-time for about four weeks in January-February 2021, performing duties such as selling and picking flowers, and cleaning. A Fair Work Inspector issued a Compliance Notice in March 2021, believing the worker was underpaid minimum wages and annual leave entitlements.

$5K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO21 Feb 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Dingwall Hilder Nominees Pty Ltd, which operated a restaurant called Quarterdeck Dining in Mandurah, Western Australia. Six former employees raised concerns about underpayment. A Fair Work Inspector issued Compliance Notices in January and June 2020, but the company and its director, the Respondent, failed to comply. The employees worked between June 2017 and December 2019.

$54K penaltyunderpaymentpenalty-ratespublic-holidays
FWO21 Feb 2022 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, who operates RiverCity Bus Service in Queensland, was penalized for unlawfully requiring a casual bus driver to repay JobKeeper payments. Between 2017 and 2020, the Applicant received fortnightly JobKeeper payments of $1500 for the driver. He then required the driver to repay amounts equal to the difference between the net JobKeeper payment and the driver’s wages. In total, the driver repaid $5805. In September 2020, the Applicant also failed to pass on the full JobKeeper payment to the driver. A Fair Work Inspector investigated after the driver requested assistance.

$14K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO20 Feb 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Smart Vision Developments (Qld) Pty Ltd and its director, John Atkinson, former operators of Grand Central Cafe in Townsville, Queensland. The action followed requests for assistance from two workers employed as food and beverage attendants from June to September 2020. A Fair Work Inspector issued Compliance Notices in March 2021, alleging the workers were underpaid minimum wage, overtime, weekend, and annual leave entitlements, as well as payment-in-lieu-of-notice. The company allegedly failed to comply with these notices.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO20 Feb 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Pro Install Electrical Pty Ltd, based in Rowville, Melbourne, after receiving requests for assistance from former employees. the Applicant, the sole director, admitted the company breached the Fair Work Act by failing to calculate and pay entitlements to two former employees. One employee worked from July 2019 to January 2020, and the other for a week in February 2020. A Compliance Notice was issued in May 2020, which was not followed. The company was liquidated in April 2021.

$4K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO14 Feb 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Wildernis Pty Ltd, which operates Wildernis Cafe and Bar in Palm Beach, Gold Coast. The action follows a request for assistance from a worker who was employed as a cook from May 2019 to April 2020. A Fair Work Inspector issued a Compliance Notice in February 2021, alleging the worker was not paid the casual minimum wage, weekend penalty rates, and accrued annual leave on termination. The company initially agreed the worker was owed $7,985.10 and made a partial payment of $1,330.85 but failed to make further payments.

$8K penaltyunderpaymentpenalty-ratesannual-leave
FWO14 Feb 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Alexjax Corp Pty Ltd, trading as Heaven Salons, and its sole director and shareholder, the Respondent. The action follows a request for assistance from workers employed at Heaven Salons outlets in South Yarra and Brighton. Inspectors issued Compliance Notices in May and June 2021 after believing the company underpaid workers’ entitlements under the Hair and Beauty Industry Award 2010 and the Fair Work Act 2009. The alleged underpayments included minimum wages, Saturday penalty rates, annual leave, and payment-in-lieu-of-notice. One worker was a 24-year-old woman from the United Kingdom on a working holiday visa.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO31 Jan 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against the Respondent, who operates Modern Day Communications in Melbourne. A graphic designer working casually for the business from October 2020 to February 2021, and who was a visa holder from South Korea, reportedly did not receive wages. A Fair Work Inspector issued a Compliance Notice in April 2021, which the Respondent allegedly failed to comply with. The business is a communications agency.

$7K penaltyunderpaymentcasual-conversiongeneral-protections
FWO31 Jan 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against the Respondent, a former operator of 'The Valley Pizza' in Nuriootpa, South Australia. This follows a request for assistance from a worker who was employed as a casual fast food employee between December 2018 and August 2019. A Fair Work Inspector believed the worker was underpaid casual rates and penalty rates. The Respondent previously faced penalties in November 2021 for failing to comply with a Compliance Notice.

$7K penaltyunderpaymentcasual-conversionpenalty-rates
FWO19 Jan 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Big Daddy’s Pty Ltd, which operates Alf’s Café at the Alfred Hospital in Melbourne, and its sole director, the Respondent. The action followed requests for assistance from two Colombian visa holders who worked as fast food employees between 2017 and 2020. A Fair Work Inspector issued Compliance Notices in March 2021, alleging underpayment of minimum casual wages and penalty rates for weekend and public holiday work under the Fast Food Industry Award 2010. The company allegedly failed to comply with these notices.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO19 Jan 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Garry Bateman Plumbing Pty Ltd and its director, Garry Bateman. The action followed a request for assistance from the Applicant who worked for the company between January and July 2020. A Fair Work Inspector issued a Compliance Notice in June 2021, alleging the Applicant was underpaid minimum wages and annual leave entitlements under the Plumbing and Fire Sprinklers Award 2010 and the National Employment Standards. The company failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO12 Jan 2022 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated 17 commercial cleaning companies in Adelaide. The investigation followed concerns about non-compliance with workplace laws. More than half of the businesses inspected breached workplace laws, resulting in $18,952 in unpaid wages for 29 employees. The breaches included failing to pay penalty rates, underpaying minimum hourly rates, and failing to keep employee records. One business owed a maximum backpayment of $7,852 to nine employees.

$19K penaltyunderpaymentpenalty-ratesgeneral-protections

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