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.
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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.
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.
Fair Work Ombudsman
Quickpoint Pty Ltd, formerly operating a café called 'Shimizu Harbour Town' in Perth, and its sole director, Augustine Lawrence Chia, 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 Mr Chia 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Fair Work Ombudsman
L.E.C. Builders & Designers Pty Ltd, a building business based in Carrum Downs, and its sole director, Mr Luke John Elliot, 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.
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.
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.
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.
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.
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.
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.
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.
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.
Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Sushi Bay Pty Ltd, Sushi Bay ACT Pty Ltd, Auskobay Pty Ltd, Auskoja Pty Ltd, and Yi Jeong ‘Rebecca’ Shin, the owner and sole director of the companies. The 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 Ms Shin and Sushi Bay ACT in 2019 for underpaying migrant workers.
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, Michelle Dawn Hilder, failed to comply. The employees worked between June 2017 and December 2019.