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Australian workplace law decisions — 2023

Every published Fair Work Commission, Federal Court, Federal Circuit & Family Court, and Fair Work Ombudsman decision from 2023 in our corpus, in plain English. Sorted by date.

Decisions in 2023
201
FWC decisions
50
FWO decisions
151
Total penalties recorded
$87.5M

Top topics in 2023

FWC31 Dec 2023 · Fair Work Commission

the Applicant v Multiplex Constructions Pty Ltd

the Applicant commenced working for Multiplex Constructions Pty Ltd. He brought an application to the Fair Work Commission concerning contraventions involving dismissal. The Commission considered whether the Applicant was an employee for the purpose of the application. The Respondent, Multiplex Constructions Pty Ltd, is a construction company.

general-protectionssham-contracting
FWC31 Dec 2023 · 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 case number is AB2024/543. The decision was published on 22 November 2024. The industry involved was educational services.

general-protectionsbullying
FWC31 Dec 2023 · Fair Work Commission

the Applicant v BGIS Pty Ltd

the Applicant commenced employment with BGIS Pty Ltd in 2019. She was dismissed in February 2024. the Applicant brought an application to the Fair Work Commission seeking to have the dismissal declared unfair and to deal with contraventions, including allegations relating to a protected action. The Commission notes that the applicant was previously involved in a dispute with her employer.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v the Respondent & Tammar Employment 1 Pty Ltd

the Applicant commenced employment with Tammar Employment 1 Pty Ltd, trading as Kickett Group, in May 2023. He worked as a labourer. The company terminated his employment on 27 October 2023. the Applicant applied to the Fair Work Commission for a remedy for unfair dismissal. the Respondent did not appear at the hearing.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd, a contract call centre, sought to vary redundancy pay. The Fair Work Commission was asked to consider the application. Deputy President Dobson heard the application.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The application concerned a worker who left the company and then found new employment. The company sought to adjust the redundancy pay due to the worker’s subsequent employment and incapacity to pay. Deputy President Dobson heard the application.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Anker Innovations Australia Pty Ltd

the Applicant commenced employment with Anker Innovations Australia Pty Ltd in November 2023. He was dismissed from his role in March 2024. the Applicant applied to the Fair Work Commission seeking an order to deal with contraventions involving his dismissal. The Commission notes that the applicant’s application was filed on 2 May 2024.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2023 · Fair Work Commission

the Applicant v AWX Labour Pty Ltd

the Applicant commenced work with AWX Labour Pty Ltd in 2023. He worked as a labour hire employee, undertaking various roles. The Fair Work Commission considered an application relating to contraventions involving his dismissal.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · 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 case relates to the retail industry. The Fair Work Commission case number is AB2024/713.

general-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant, Julie Oliver v Golden Origin Group Pty Ltd

the Applicant commenced employment with Golden Origin Group Pty Ltd, a graphic arts business, in 2021. She was dismissed in December 2023. the Applicant applied to the Fair Work Commission seeking orders to deal with contraventions involving her dismissal. The Commission notes that the applicant’s application was heard by Deputy President Dean.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Pasta Group Pty Ltd

the Applicant commenced employment with Pasta Group Pty Ltd. She brought a claim to the Fair Work Commission alleging that she was dismissed. The company argued that the Applicant resigned. The Commission had to determine whether the Applicant’s resignation was actually a forced resignation due to the company’s actions.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The details of the application are not provided in the supplied text. the Deputy President heard the application. The case relates to the contract call centre industry.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v PKF (Gold Coast) HR Services Pty Ltd

the Applicant commenced employment with PKF (Gold Coast) HR Services Pty Ltd in November 2023. He was dismissed in February 2024. the Applicant applied to the Fair Work Commission for a remedy relating to his dismissal. The Commission notes this decision follows previous decisions in the matter.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Qube Heavy Lift Pty Ltd

the Applicant commenced employment with Qube Heavy Lift Pty Ltd. The company alleged that the Applicant had abandoned his employment. the Applicant argued he was dismissed. The Fair Work Commission had to determine whether he was dismissed or if he abandoned his employment, which is important for jurisdictional reasons. The company objected to the application on the basis that a dismissal did not occur.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2023 · Fair Work Commission

Application by the Applicant

The Applicant applied to the Fair Work Commission for an order to stop bullying in her workplace. She worked in the waste management industry. The application was heard by Commissioner McKinnon. The document references a previous case, Application by Shaw, Mitchell, [2014] FWC 3408.

general-protectionsbullying
FWC31 Dec 2023 · Fair Work Commission

the Applicant v McDonald's Australia Limited

the Applicant commenced employment with a McDonald's restaurant in 2021. She was dismissed in November 2023. the Applicant brought an application to the Fair Work Commission seeking to have the dismissal declared unfair and to receive compensation. McDonald’s Australia Limited contested the application.

$17K penaltyunfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Rg Group Holdings Pty Ltd

the Applicant commenced employment with RG Group Holdings Pty Ltd. The company is in the construction industry. the Applicant brought an application to the Fair Work Commission seeking an unfair dismissal remedy. The Commission’s website indicates that the case involved a dispute, but the specifics of the dismissal are not detailed in the provided text.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v The trustee for JD Family Trust

the Applicant commenced employment with The trustee for JD Family Trust, a coal mining business, in 2021. She was dismissed in December 2023. the Applicant brought an application to the Fair Work Commission seeking orders to deal with contraventions involving her dismissal.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Ithaca Crystals Pty Ltd

the Applicant commenced employment with Ithaca Crystals Pty Ltd in November 2023. She was dismissed on December 7, 2023. the Applicant applied to the Fair Work Commission seeking orders to deal with contraventions involving her dismissal. The Commission notes that the Respondent did not appear at the hearing.

unfair-dismissalgeneral-protectionsmodern-award-variation
FWC31 Dec 2023 · Fair Work Commission

Application by the Applicant

The Applicant applied to the Fair Work Commission for an order to stop bullying. The application involved a workplace in the social, community, home care and disability services industry. The Commissioner heard the application.

general-protectionsbullying
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Elite Elevators Corporation Pty Ltd

the Applicant commenced employment with Elite Elevators Corporation Pty Ltd in 2021. He was dismissed in December 2023. the Applicant applied to the Fair Work Commission seeking to have the Commission deal with contraventions involving his dismissal. The matter was heard before Justice Hatcher.

unfair-dismissalgeneral-protectionsredundancy
FWC31 Dec 2023 · Fair Work Commission

the Applicant v The Trustee for Eden Academy Operations Unit Trust

the Applicant brought an application to the Fair Work Commission. the Deputy President heard the application. The document itself does not provide details about the specific facts of the case or the parties involved beyond the names of the applicant and respondent.

general-protectionsunfair-dismissal
FWC31 Dec 2023 · Fair Work Commission

Application by Glenda Herbert

the Applicant applied to the Fair Work Commission for an order to stop bullying. The details of the bullying and the parties involved are not specified in the provided text. The application was heard by the Commissioner.

general-protectionsbullying
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Australian Pharmaceutical Manufacturers Pty Ltd

the Applicant commenced employment with Australian Pharmaceutical Manufacturers Pty Ltd in 2019. The company is a pharmaceutical wholesaler. the Applicant was dismissed from his position in May 2023. He subsequently brought an application to the Fair Work Commission seeking orders relating to contraventions involving his dismissal. The Commission case number is C2023/6446.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Swansea Community Cottage Inc

the Applicant brought a general protections application against Swansea Community Cottage Inc. He alleged he was dismissed. The Fair Work Commission had to consider whether the application was filed within the required time limit. The relevant time limit is generally 21 days from the date of the allegedly unfair action, or continuously, if that is not possible. the Applicant filed his application outside this time.

general-protectionsunfair-dismissalredress
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Direct Chemist Outlet Lucas

the Applicant worked as a pharmacy assistant for Direct Chemist Outlet Lucas, the respondent. The Applicant brought an application to the Fair Work Commission seeking to deal with contraventions involving her dismissal. The precise details of the dismissal and the alleged contraventions are not detailed in the provided text.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Airservices Australia

the Applicant commenced employment with Airservices Australia in 2019. She was dismissed in May 2024. The Applicant brought a claim to the Fair Work Commission, alleging adverse action related to her protected activity of raising concerns about workplace health and safety. Airservices Australia argued the dismissal was not related to the protected activity.

general-protectionsunfair-dismissalworkplace-health-safety
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The application concerned an employee. Deputy President Dobson heard the application. The Fair Work Commission did not provide details of the employee’s role or the circumstances leading to the redundancy application.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The details of the application are not provided in the text. the Deputy President heard the application.

redundancy
FWC31 Dec 2023 · Fair Work Commission

the Applicant v OSM Australia Pty Ltd

the Applicant brought an application to the Fair Work Commission concerning contraventions involving her dismissal from OSM Australia Pty Ltd. The specifics of the dismissal and the alleged contraventions are not detailed in the provided text. The application was heard by Deputy President Gooley and Deputy President O’Keeffe.

general-protections
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd, a contract call centre, applied to the Fair Work Commission to vary redundancy pay. The details of the application are not provided in the text. the Deputy President heard the application.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by Mater Misericordiae Limited T/A Mater

Mater Misericordiae Limited T/A Mater sought to vary redundancy pay. The Fair Work Commission considered an application related to redundancy pay. The specific details of the application and the circumstances surrounding the redundancy are not detailed in the provided text.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by the Applicant

the Applicant applied to the Fair Work Commission for an order to stop bullying at work. The specific details of the bullying are not provided in the document. the Commissioner heard the application.

general-protectionsbullying
FWC31 Dec 2023 · Fair Work Commission

Application by Bartercard Digital Pty. Ltd.

Bartercard Digital Pty. Ltd. applied to the Fair Work Commission to vary redundancy pay. The application related to an employee’s subsequent employment. The Commission was asked to determine whether the redundancy pay should be varied. The Applicant had found new employment shortly after receiving redundancy pay.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The application concerned a situation where an employee had since obtained other employment. The Fair Work Commission was not provided with the details of the employee’s new employment. The Deputy President considered the application.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Eastern Guruma Pty Ltd

the Applicant commenced employment with Eastern Guruma Pty Ltd in 2021. The company provides remote operations services. the Applicant’s role involved operating machinery. He was dismissed in May 2023. He applied to the Fair Work Commission seeking an order to deal with contraventions involving his dismissal.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The application concerned a worker who left the company and then found new employment. The company sought to reduce the redundancy pay they were obligated to provide. Deputy President Dobson heard the application.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd, a contract call centre, applied to vary redundancy pay. The Fair Work Commission was asked to consider this application. the Deputy President heard the application.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Tricor Services (Australia) Pty Ltd

the Applicant commenced proceedings in the Fair Work Commission. Tricor Services (Australia) Pty Ltd, trading as Vistra, sought to have the dispute extinguished. The Commission considered whether a binding settlement agreement had been reached. The matter was initially heard and a decision made, which was then appealed.

general-protectionsunfair-dismissalenterprise-agreement
FWC31 Dec 2023 · Fair Work Commission

the Applicant v PNR Transport Pty Ltd

the Applicant commenced employment with PNR Transport Pty Ltd. The Fair Work Commission received an application concerning a dismissal under section 587(1)(c) of the Fair Work Act. the Deputy President found the application was invalid.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Megan Ryan v Sharp N Stylish

the Applicant commenced employment with Sharp N Stylish, a hair salon, in 2021. She made an application to the Fair Work Commission concerning a dismissal. The application was filed out of time. The Commission needed to decide if it could proceed with the application despite it being filed late.

unfair-dismissalgeneral-protectionsredress
FWC31 Dec 2023 · Fair Work Commission

the Applicant v McMillan Shakespeare Limited & Maxxia Pty Ltd T/A Maxxia

the Applicant commenced employment with McMillan Shakespeare Limited, trading as Maxxia, in 2019. He worked as a payroll officer. In February 2024, the Applicant was dismissed. He applied to the Fair Work Commission for a remedy relating to unfair dismissal. The Commission notes that the Respondent is a large corporate entity.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Compare The Market Pty Ltd & Auto & General Holdings Pty Ltd

the Applicant commenced employment with Compare The Market Pty Ltd in 2021. He was dismissed from his role in May 2024. the Applicant brought an application to the Fair Work Commission concerning contraventions involving his dismissal. the Deputy President Butler heard the application.

general-protectionsunfair-dismissal
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Global Sandstone Industries Pty Ltd

the Applicant commenced employment with Global Sandstone Industries Pty Ltd in 2021. The company is involved in quarrying and sandstone production. the Applicant was dismissed from his role in May 2024. He subsequently brought an application to the Fair Work Commission seeking to deal with contraventions involving his dismissal.

unfair-dismissalgeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by ATR Fabrication Pty Ltd

ATR Fabrication Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The application relates to a worker in the road transport industry. The Fair Work Commission was considering a request to vary redundancy pay for other employment or incapacity to pay. The case number is C2024/4531.

redundancygeneral-protections
FWC31 Dec 2023 · Fair Work Commission

Application by the Applicant

The Applicant, an employee in the postal services industry, applied to the Fair Work Commission for an order to stop bullying. The details of the bullying behaviour are not provided in the available text. the Commissioner heard the application.

general-protectionsbullying
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd, a contract call centre, applied to the Fair Work Commission to vary redundancy pay. The application concerned a situation where the Applicant had since gained new employment. The Fair Work Commission was considering whether to vary the redundancy pay for the Applicant.

redundancygeneral-protectionsmodern-award-variation
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd, a contract call centre, sought to vary redundancy pay for an employee. The Fair Work Commission was asked to consider the application. The specific details of the employee's situation and the proposed variation are not detailed in the provided text.

redundancygeneral-protectionsmodern-award-variation
FWC31 Dec 2023 · Fair Work Commission

the Applicant v Kestrel Coal Pty Limited

the Applicant commenced employment with Kestrel Coal Pty Limited. She applied to the Fair Work Commission for an unfair dismissal remedy. The company raised a jurisdictional objection, arguing the application was not properly filed. The Fair Work Commission considered whether the application was lodged within the relevant time limit.

unfair-dismissalgeneral-protectionsredress
FWC31 Dec 2023 · Fair Work Commission

Application by Concentrix Services Pty Ltd T/A Concentrix Services Pty Ltd

Concentrix Services Pty Ltd applied to the Fair Work Commission to vary redundancy pay. The application concerned a worker in a contract call centre industry. The Deputy President Dobson heard the application.

redundancy
FWO20 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry and Maritime Employees Union (CFMEU) and two officials, Andrew Blakeley and Luke Gibson, faced legal action from the Australian Building and Construction Commissioner (ABCC). The case involved an incident at a Coles Distribution Facility Project construction site in Redbank, Ipswich, Queensland, on February 28, 2020. Blakeley and Gibson obstructed a concrete pour by blocking a reversing truck and misrepresented their authority to stop work to a police officer. They admitted to breaching right of entry laws under the Fair Work Act.

$171K penaltygeneral-protectionsright-of-entrymisclassification
FWO19 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

St Vincent’s Health Australia, a large not-for-profit health and aged care provider, self-reported underpayments to the Fair Work Ombudsman in July 2021. Four of its businesses – St Vincent’s Private Hospitals Ltd, St Vincent’s Hospital Sydney Limited, St Vincent’s Care Services Ltd, and St Vincent’s Private Hospital Sydney – underpaid employees in NSW and Queensland between 2014 and 2020. The underpayments, totaling over $4.4 million, affected more than 2,700 current and former employees. Affected roles included nurses, support staff, aged care workers, clinical managers, and personal care assistants. The underpayments related to annual leave loading, weekly allowances, overtime entitlements, and annual leave entitlements.

$4.4M penaltyunderpaymentpenalty-ratesannual-leave
FWO14 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman took legal action against More Than Skin Pty Ltd, which operated The Noshery café in Glebe, Sydney, and its co-directors, Lila Stojcevski and Lupo Stojcevski. The company and individuals failed to comply with Compliance Notices and breached pay slip laws. Three workers, including two international students and a working holiday visa holder, were employed in kitchen and waitstaff roles between September and December 2020. The Fair Work Ombudsman issued Compliance Notices in March and May 2021 regarding underpayment of minimum casual wages, casual penalty rates for weekend and public holiday work, and failure to provide pay slips.

$124K penaltyunderpaymentpenalty-ratespublic-holidays
FWO12 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Celebrating Pty Ltd, a party supplies company in Rydalmere, New South Wales, and its sole director, the Respondent. The action follows a request for assistance from a retail worker who was employed by the company between February and August 2022. A Fair Work Inspector issued a Compliance Notice in November 2022, alleging underpayment of overtime and annual leave entitlements under the General Retail Industry Award 2020 and the Fair Work Act. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO12 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against the Respondent, the former operator of LROC Builders Pty Ltd and L.R. Oliver Carpentry, both based in Carrum Downs, Victoria. The action follows requests for assistance from four carpenters, three employed by LROC Builders and one by the Respondent, between December 2018 and April 2022. Fair Work Inspectors issued Compliance Notices in 2022 and 2023 after believing the carpenters were underpaid. The businesses ceased trading.

$52K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO6 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman secured a penalty against the Respondent, a former director of Yuxuan Group Pty Ltd, which previously operated three 'Fun Tea' bubble tea outlets in Adelaide. The company breached record-keeping and pay slip provisions of the Fair Work Act. Twenty fast food workers, mostly visa holders including international students, were affected between July 2019 and February 2021. While the company went into liquidation, preventing penalties against the company itself, some workers received $50,897 in back pay. The investigation began following public allegations of compliance issues.

$8K penaltypenalty-ratesgeneral-protectionsrecord-keeping
FWO6 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

IFITS Food Co Pty Ltd, a former franchisee of a Pizza Hut outlet in Warwick, Queensland, failed to comply with Compliance Notices from the Fair Work Ombudsman. The company employed two part-time workers, an assistant manager and a 17-year-old kitchen hand/customer service employee, between March 2020 and October 2021. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers. The company did not pay accrued annual leave entitlements or payment-in-lieu-of-notice-of-termination.

$28K penaltyunderpaymentpenalty-ratesannual-leave
FWO3 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Winton Jacob International Pty Ltd, which operated C de C Shoes in Sydney, and its sole director, Winton Guo. The action follows a request for assistance from a Chinese visa holder who worked at the stores between November 2019 and June 2021. A Fair Work Inspector issued a Compliance Notice in December 2022 alleging underpayment of minimum wages, penalty rates, and leave entitlements. The company allegedly failed to comply with the notice and is accused of breaching pay slip laws. The Applicant is alleged to be owed $15,174.

$15K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO3 Dec 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against the Respondent, the former operator of T for Tiling, a business on the Central Coast of New South Wales. A worker employed as a casual tiling labourer between April 2020 and July 2021 raised concerns about underpayment. A Fair Work Inspector issued a Compliance Notice in July 2022, alleging the Respondent paid a flat hourly rate of $20, which was below minimum wage, casual loading, overtime, and Sunday penalty rates. The Respondent allegedly failed to comply with the notice and also breached pay slip laws.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO26 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and an official, the Applicant, were penalised for unlawful conduct at a construction site in Belgrave, Melbourne. The incident occurred on May 2, 2022, at a commuter car park construction site near Belgrave Railway Station. The Applicant pushed a senior site manager and knocked his hard hat off, causing him to lose balance. The Australian Building and Construction Commissioner (ABCC) initiated legal action, which later transferred to the Fair Work Ombudsman.

$73K penaltygeneral-protectionspenalty-ratessham-contracting
FWO20 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant and Quang Manh Dong, a husband-and-wife partnership operating 'Vina Yummy Kitchen' in Hobart, have been penalised by the Federal Circuit and Family Court. They admitted to underpaying two employees—her sister and her sister’s husband, both Vietnamese nationals—a total of $175,000 between 2015 and 2019. The underpayment included failing to pay minimum rates for ordinary hours, public holidays, overtime, and leave entitlements. the Applicant also provided false records to Fair Work inspectors. The couple assisted the workers to migrate to Australia and acted as visa sponsors for her sister.

$70K penaltyunderpaymentpenalty-ratespublic-holidays
FWO14 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman secured a penalty against the Respondent, the operator of East Ballina Dental in Ballina, NSW. This followed his failure to comply with a Compliance Notice regarding a dental assistant he employed between October 2020 and July 2021. The assistant, aged 22 to 23 during her employment, was not paid accrued annual leave entitlements. The Fair Work Ombudsman investigated after a request for assistance from the Applicant.

$5K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO14 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against the Respondent, the former operator of Sunpine Furniture in Toowoomba, Queensland. Three casual furniture labourers, including two young workers aged 17 and 19-20, were employed between October 2020 and December 2021. A Fair Work Inspector issued a Compliance Notice in June 2022, alleging underpayment of wages under the Timber Industry Award 2010 and 2020. The workers are allegedly owed over $12,600. The Respondent allegedly failed to comply with the Compliance Notice.

$3K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO7 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Express Cars Direct Australia Wide Pty Ltd, a Melbourne-based transport services business, and its sole director, the Respondent. The action follows a request for assistance from a former driver employed between April 2019 and May 2021. A Fair Work Inspector issued a Compliance Notice in August 2022, alleging unpaid wages and annual leave entitlements under the Road Transport and Distribution Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO7 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the sole trader of Multi Services Gold Coast, a Gold Coast business offering shoe and bag repairs and key cutting services. The action followed a request for assistance from the Applicant employed from April to June 2022. A Fair Work Inspector issued a Compliance Notice in November 2022, alleging underpayment of minimum wages, Sunday penalty rates, and unpaid annual leave and termination entitlements under the General Retail Industry Award 2020 and the National Employment Standards. The Respondent failed to comply with the notice and subsequently back-paid the worker’s entitlements.

$7K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO5 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Back Your Cause Pty Ltd, trading as BYC Recruitment, and its former general manager, Aaron Murray, have been penalized by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into the company's failure to comply with a Compliance Notice. The Compliance Notice related to unpaid entitlements for a business development manager employed between July 2020 and November 2021. The worker hadn't received wages for the final month of work or accrued annual leave. The company ceased operating.

$39K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO5 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Saga Source Pty Ltd, an information technology company based in Perth, and its director, Ayden Lee Hernan-Sayers, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice related to underpayment of a junior backend developer employed between November 2020 and December 2021. The worker was allegedly underpaid minimum wages under the Professional Employees Award 2020, and annual and personal leave entitlements under the National Employment Standards. The Fair Work Ombudsman investigated after receiving a request for assistance from the worker.

$21K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO2 Nov 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two officials, Anthony Dimitriou and Gerasimos Danalis. They breached right of entry laws in November 2018 at a Kiama Aged Care Centre construction project. The unlawful conduct involved obstructing concrete trucks and making misleading statements about their entry to the site. The Australian Building and Construction Commissioner initially commenced legal action, which was later transferred to the Fair Work Ombudsman.

$170K penaltygeneral-protectionsright-of-entry
FWO31 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Rockhammer Earthmoving Pty Ltd, an earthmoving and quarry supply company based in Woolloongabba, Brisbane, failed to comply with a Fair Work Ombudsman Compliance Notice. The company employed a construction worker between August 2017 and April 2020. Following a request for assistance from the worker, a Fair Work Inspector issued a Compliance Notice in May 2021. The company did not act on the notice.

$34K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO31 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and an official, the Applicant, have been penalised for unlawful conduct at a Brisbane construction site. The Australian Building and Construction Commissioner (ABCC) initiated legal action regarding a breach of a right of entry provision of the Fair Work Act in December 2021. the Applicant failed to report to the site office and did not produce his entry permit when asked. The allegations against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and an official, the Respondent, were discontinued.

$27K penaltygeneral-protectionsright-of-entrybuilding-and-construction
FWO30 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

NB Visionary Trading Pty Ltd, a commercial carpentry company based in Mornington, Victoria, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice required the company to calculate and back-pay entitlements to two workers employed between May and December 2020. One worker was a carpenter and the other a 20-year-old carpenter apprentice. The Fair Work Ombudsman investigated after receiving a request for assistance from the workers.

$27K penaltyunderpaymentpenalty-ratesannual-leave
FWO30 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman took legal action against Upper East Side Bondi Pty Ltd, a former Bondi bar and restaurant, and its former director, Julia Rose Gelonese. This followed a request for assistance from a worker and investigations revealing underpayment of eight employees, including visa holders, between September 2019 and March 2020. The workers were employed in front-of-house and kitchen roles. The company and director previously faced penalties in 2021 for similar breaches. They provided false documents and information to the Fair Work Ombudsman on 12 occasions, claiming back-payments had been made.

$165K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO22 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Calvary Administration Pty Ltd, formerly Japara Administration Pty Ltd, has back-paid over $2.1 million in underpayments to approximately 2,800 current and former employees. The underpayments occurred between January 2017 and June 2020, impacting workers in Victoria, New South Wales, South Australia, and Tasmania. The errors stemmed from payroll issues, including a failure to apply Sunday penalty rates and underpayments of annual leave loading and parental leave entitlements. Japara Administration self-reported the underpayments to the Fair Work Ombudsman in July 2020. The employees worked in aged care facilities in various roles.

$2.1M penaltyunderpaymentpenalty-ratesannual-leave
FWO18 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Turn-Key Fitout Pty Ltd, a Melbourne-based installation and fit-out business, has been penalized by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice issued by the Fair Work Ombudsman. The notice required them to calculate and back-pay entitlements to a junior cabinet maker, aged 19 to 20, and to adhere to pay slip laws. The worker was employed full-time between May 2020 and May 2021. The Fair Work Ombudsman investigated after receiving a request for assistance from the worker.

$24K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO18 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Community Health, Emergency Care and Support (CHECS) Pty Ltd, a Logan-based company providing home care and disability services in South-East Queensland. The investigation arose from a request for assistance from a disability support worker. CHECS failed to comply with a Compliance Notice issued in June 2022, which required back-payment of entitlements to the worker for two days of employment in October-November 2021. The worker was not paid wages owed under the Social, Community, Home Care and Disability Services Industry Award 2010.

$27K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO17 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman (FWO) has conducted inspections of 447 agriculture businesses across 15 regional areas of Australia since December 2021. These inspections targeted areas with a high risk of non-compliance. The FWO has issued 98 infringement notices for pay slip and record-keeping breaches, totalling $316,860 in fines, with most fines directed at labour hire entities. Additionally, 48 compliance notices resulted in $72,301 in back-payments for 184 workers. Investigations in the Sunraysia region found 37 non-compliant businesses, with labour hire companies receiving the majority of fines.

$317K penaltyunderpaymentpenalty-ratesmisclassification
FWO15 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Winit (AU) Trade Pty Ltd, a Sydney-based company providing warehousing and distribution services, underpaid nearly 400 employees, primarily migrant workers, between 2014 and 2019. The Fair Work Ombudsman investigated after receiving requests for assistance. A sample of 30 working-holiday-visa holders, mostly from Taiwan, were underpaid a total of $368,684 between July 2017 and June 2018. Employees regularly worked long hours but were paid a flat hourly rate of $24.41 without penalty or overtime. The company also breached laws regarding pay slips and other Award obligations. Song Cheng, the company’s sole director and general manager, was also involved.

$550K penaltyunderpaymentcasual-conversionpenalty-rates
FWO11 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Aruma Services Limited, a not-for-profit disability support provider operating across NSW, Queensland, Victoria and the ACT, signed an Enforceable Undertaking with the Fair Work Ombudsman after back-paying Victorian staff more than $6.5 million, including interest and superannuation. Aruma self-reported in June 2021. Its enterprise agreement had been interpreted incorrectly, and its payroll system could not always apply overtime rates. 1,004 employees were underpaid between July 2017 and April 2021. Most underpayments involved Aruma failing to provide part-time employees with their minimum agreed hours (or pay for them), and failing to apply overtime rates where an employee worked more than six consecutive days of ordinary duty without a 24-hour break.

$6.5M penaltyunderpaymententerprise-agreement
FWO5 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against the Respondent, the former operator of D. Salmon Carpentry in Victoria. The Applicant was employed as a full-time apprentice carpenter from July 2019 to June 2021, during which time he was allegedly underpaid minimum wages, not paid for two weeks of work, and not paid accrued annual leave. A Compliance Notice was issued in December 2022, which the Respondent allegedly failed to comply with. The Applicant was aged 18 to 20 during his employment.

$1K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO5 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Integrated Technologies Australia Pty Ltd, a Melbourne-based electrical services company, and its sole director, the Respondent. The investigation began after requests for assistance from two electricians employed between January 2019 and February 2022, one of whom was an adult apprentice. Compliance Notices were issued in June and October 2022 regarding alleged underpayment of overtime, annual leave, and payment-in-lieu-of-notice. The workers are reportedly owed a combined total of over $19,000.

$19K penaltyunderpaymentpenalty-ratesannual-leave
FWO3 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Om Shiva Foods Pty Ltd, trading as Wulagi Supermarket, and its sole director, Vinay Madasu. The action follows a request for assistance from a casual retail assistant, a visa holder from India, who worked at the supermarket between February 2020 and August 2021. A Fair Work Inspector issued a Compliance Notice in October 2022, alleging the worker was underpaid minimum wages, penalty rates, and overtime for weekend and public holiday work. The worker is alleged to be owed more than $68,000. The company also allegedly breached pay slip laws and failed to comply with the Compliance Notice.

$68K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO3 Oct 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against the Respondent, the operator of Rita’s Kitchen, a café in Albury, New South Wales. The action follows a request for assistance from a full-time chef who was employed at the café between July 2016 and July 2022. A Fair Work Inspector issued a Compliance Notice in December 2022 regarding unpaid payment in lieu of notice entitlements and a breach of pay slip laws. The Respondent allegedly failed to comply with the Compliance Notice and has only partially back-paid the worker.

$8K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO27 Sept 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Brownport Almonds Pty Ltd, trading as Bright Light, a large almond grower and processor in Hattah, Victoria, has back-paid over $500,000 to 197 current and former employees. The Fair Work Ombudsman investigated after receiving worker requests for assistance. The investigation revealed the company misclassified workers under the Horticulture Award, leading to underpayments between 2016 and 2021. A payroll audit found employees were paid flat rates, even when performing duties of a higher classification. Most affected employees were in full-time or casual harvesting and production roles.

$500K penaltyunfair-dismissalunderpaymentcasual-conversion
FWO27 Sept 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and a former official, Dean Reilly, have been penalised for breaching right of entry laws. The breaches occurred at a Pacific Motorway construction site near Gold Coast, Queensland, in April 2021. the Applicant failed to comply with site rules requiring visitors to be accompanied by an inducted representative. He entered work areas without supervision. The Australian Building and Construction Commissioner (ABCC) initially commenced legal action, which later transferred to the Fair Work Ombudsman.

$67K penaltygeneral-protectionsright-of-entrypenalty-rates
FWO25 Sept 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman (FWO) has commenced legal action against the University of New South Wales (UNSW). The FWO alleges UNSW breached workplace laws between 2017 and 2022. These breaches include failing to keep proper records of employee hours, rates of pay, and loadings; failing to include required information on pay slips; and failing to pay wages monthly. The FWO's investigation began in 2020 after UNSW self-reported non-compliance. The litigation focuses on 66 casual academic staff in UNSW’s Business School. Some allegations initially considered serious contraventions have been withdrawn.

$67K penaltyrecord-keepingunderpaymentcasual-conversion
FWO24 Sept 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two former officials, Andrew Blakeley and Beau Seiffert, were taken to court by the Australian Building and Construction Commissioner (ABCC). The case involved breaches of right of entry laws at the Central Energy Towers project in South Brisbane in November 2020. Blakeley directed workers to stop work and used abusive language towards a site manager. Seiffert was present and did not intervene. The case was later transferred to the Fair Work Ombudsman.

$62K penaltygeneral-protectionsright-of-entrypenalty-rates
FWO11 Sept 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against King’s Fusion Pty Ltd, formerly operating the Bayt Al Tanoor restaurant in Yagoona, and its sole director, the Respondent. The action follows a request for assistance from a casual food and beverage attendant employed between March and June 2021. A Fair Work Inspector issued a Compliance Notice in April 2022 alleging underpayment of casual minimum wages, overtime entitlements, and weekend penalty rates under the Restaurant Industry Award 2020. The company allegedly failed to comply with the notice and there are also allegations of breach of pay slip laws.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO7 Sept 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Southern Cross Care (Tasmania) Inc, Tasmania's largest aged care operator, signed an Enforceable Undertaking with the Fair Work Ombudsman and is back-paying staff almost $6.9 million. The not-for-profit self-reported in August 2021 after identifying breaches during an internal review prompted by fundamental errors in its payroll and human resources systems. The errors included failing to have written agreements with part-time staff to work additional hours at ordinary rates, which meant employees were entitled to overtime for those additional hours but were not paid it. The organisation also failed to recognise that shift-workers without written agreements were entitled to be paid from the start of their first shift to the end of their final shift each day, rather than just the hours worked during the separate shifts. Underpayments occurred between 2015 and 2022 across Hobart, Launceston, Somerset and Low Head.

$6.9M penaltyunderpaymententerprise-agreement
FWO30 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Il Roy Pty Ltd, which operated 'Cha Cha Char' and 'Il Centro' restaurants in Brisbane, and its sole director, the Respondent. Five workers, including an office manager, bar manager, restaurant manager, and two head chefs, raised concerns about unpaid entitlements between January 2015 and December 2020. A Fair Work Inspector issued a Compliance Notice in March 2022 regarding unpaid annual leave. It is also alleged that four workers were not paid payment-in-lieu-of-notice and redundancy entitlements. The total alleged underpayment is $99,132.

$99K penaltyunderpaymentannual-leaveredundancy
FWO30 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Agile Group (Global) Pty Ltd and the Respondent. An investigation began in January 2022 following a request for assistance from an employee. A Fair Work Inspector issued two Compliance Notices, believing 19 workers, some visa holders, were underpaid a total of $98,302 between September 2021 and July 2022. The alleged underpayments relate to various entitlements including minimum rates, casual loading, overtime, and penalty rates.

$98K penaltyunderpaymentpenalty-ratescasual-conversion
FWO29 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against A & G Lamattina & Sons Pty Ltd, a celery producer based in Boneo, Victoria. Three farmhands who held bridging visas and spoke Indonesian and Malay, alleged they were underpaid a total of $91,907 between February 2020 and February 2021. One worker was allegedly paid for 10 out of 52 weeks, another for six out of 36 weeks, and the third for eight out of 41 weeks. The workers performed casual tasks such as planting, picking, and cutting celery.

$91K penaltyunderpaymentcasual-conversionpenalty-rates
FWO27 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Tolu Investors Pty Ltd, formerly operating Spinnakers Brasserie in Gosford, NSW, and its director have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of a cook employed between March 2018 and June 2021. The Applicant was back-paid over $34,000 in wages and entitlements. A Compliance Notice issued in November 2021 was not followed.

$10K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO27 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Michael Phillips, the sole trader operating 'Michael Phillips Acoustics' in Alexandria, Sydney. A worker, employed as a senior acoustic engineer between May 2021 and April 2022, requested assistance. A Fair Work Inspector issued a Compliance Notice in August 2022, believing the worker was underpaid wages and accrued annual leave entitlements under the Professional Employees Award 2020 and the National Employment Standards. Phillips allegedly failed to comply with the notice.

$5K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO23 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against The Little Unicorn on Honeysuckle Pty Ltd, a day care centre in Newcastle. The action followed a request for assistance from a casual childcare worker who alleged she was not paid for her final shifts between June 2021 and May 2022. A Fair Work Inspector issued a Compliance Notice in December 2022 regarding alleged underpayment of minimum entitlements under the Children’s Services Award 2010. The company allegedly failed to comply with this notice.

$41K penaltyunderpaymentpenalty-ratesmodern-award-variation
FWO23 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Nilkanth Enterprise Pty Ltd, which operated a greengrocer called 'Strawberry Point' in Forest Hill, Melbourne, and its sole director and shareholder, the Respondent. The action follows a request for assistance from the Applicant, an international student from India, who was employed from May 2021 to May 2022. A Fair Work Inspector issued a Compliance Notice in October 2022 alleging underpayment of casual minimum wage and weekend penalty rates under the General Retail Industry Award 2020. The company and the Respondent allegedly failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO22 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Antonio Anastasio, the former operator of SA Dents & Detailing in Payneham, Adelaide, failed to pay minimum wages and casual loading to two workers. One worker performed detailing duties for approximately five weeks in October-November 2020, and the other for about one week in January 2021. A Fair Work Inspector issued a Compliance Notice in February 2022, which the Respondent did not follow. The workers were young, with one being 22 years old at the time.

$3K penaltyunderpaymentpenalty-ratesyoung-workers
FWO22 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against MT Infinity Pty Ltd, formerly operating Flow Cafe in Marrickville, Sydney, and its sole director, Miah Golam Tareque. Two workers, a married couple, were employed at the cafe between April 2019 and October 2021. They worked as a waiter and a cook. A Fair Work Inspector issued a Compliance Notice in May 2022, alleging underpayment of minimum wages and unpaid annual leave entitlements. The company failed to comply with the notice, and the FWO is now taking the matter to court. The cafe is no longer operating.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO21 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Champagne or Wine Pty Ltd, which operates the 'Mother Dough' Italian restaurant in Hawthorn, Melbourne, following a request for assistance from a young waiter. The waiter was employed casually from June 2018 to September 2019. A Fair Work inspector issued a Compliance Notice in July 2020, believing the worker was underpaid minimum wages and penalty rates. The company and its directors, Jeffrey Dean Baldassarre and Allison Claire Barnes, failed to comply with the notice and a Notice to Produce records.

$73K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO21 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, the operator of 'Sarlijas Brick & Block Laying' in Clyde North, Victoria, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice related to a young apprentice bricklayer he employed full-time between August and November 2020. The apprentice, aged 23 at the time, was allegedly underpaid wages and entitlements. The Fair Work Ombudsman investigated after a request for assistance from the worker.

$14K penaltyunderpaymentpenalty-ratesannual-leave
FWO17 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against the Respondent, the former operator of a restaurant called Paddock to Platter in Wollongong, New South Wales. A worker employed as a casual food and beverage attendant from May to December 2021, contacted the Fair Work Ombudsman for assistance. A Fair Work Inspector issued a Compliance Notice in April 2022, alleging underpayment of minimum wages and weekend penalty rates under the Restaurant Industry Award 2020. The Respondent allegedly failed to comply with the notice.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO17 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Precise Fencing and Landscaping Pty Ltd, a Sydney landscaping company, and its sole director, the Respondent. The action follows a request for assistance from a landscape gardener who was employed full-time from July 2021 to March 2022. A Fair Work Inspector issued a Compliance Notice in May 2022 regarding unpaid annual leave entitlements. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO14 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman secured $375,515 in penalties against Polytrade (now PT 349 Pty Ltd), PTES 928 Pty Ltd, and company owners the Respondent and her partner. Five migrant workers employed at waste management facilities in Melbourne were underpaid a total of $194,249 between 2018 and 2019. The workers, who held protection and bridging visas, were paid a flat rate of $22 per hour, failing to account for overtime, shift work, weekend, or public holiday work. PTES 928 Pty Ltd acted as a labour provider supplying workers to Polytrade. the Respondent also owns PTES 928 Pty Ltd.

$375K penaltyunderpaymentpenalty-ratescasual-conversion
FWO9 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Annangrove Road Pty Ltd, which previously operated a restaurant called 'EST by Fig and Co' in Kenthurst, Sydney, and its sole director, the Respondent. Two chefs, both visa holders (one aged 23-24 at the time), worked at the restaurant between September 2020 and June 2021. A Fair Work Inspector issued a Compliance Notice in July 2022 regarding unpaid accrued but untaken annual leave entitlements. Annangrove Road Pty Ltd did not comply with the notice, and the Respondent was allegedly involved.

$4K penaltyunderpaymentgeneral-protectionsvisa-holders
FWO9 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Harris Group Co Pty Ltd (formerly Harris Trucking) and its sole director, the Respondent. The company, located in Traralgon, Victoria, was investigated following a request for assistance from a part-time delivery driver who worked between September 2021 and January 2022. A Fair Work Inspector issued a Compliance Notice in April 2022, alleging underpayment of overtime, Saturday penalty rates, and annual leave entitlements under the Road Transport and Distribution Award 2020 and the National Employment Standards. The company allegedly failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO8 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Wayne Thomas Williamson, the former director of Central District Smash Repairs Pty Ltd, has been penalised by the Federal Circuit and Family Court. The company, now in liquidation, failed to comply with Compliance Notices regarding underpayments to two employees. The employees were an estimator manager (employed for approximately 3.5 years) and an administrative manager and payroll officer (employed for over 20 years). The Fair Work Ombudsman investigated after receiving requests for assistance from the workers.

$12K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO8 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated The Lodge MGL Pty Ltd, which operates a café called Write Coffee Reserve in Menai, southern Sydney. Three workers, including a 17-year-old, a Nepalese kitchen attendant on a student visa, and an adult, were employed between December 2020 and April 2021. The Fair Work Ombudsman received requests for assistance from the workers. A Compliance Notice was issued in August 2021, alleging unpaid wages. The workers were back-paid only after the Fair Work Ombudsman commenced legal action.

$6K penaltyunderpaymentgeneral-protectionsyoung-workers
FWO6 Aug 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated underpayments to 25 stadium cleaners at Marvel Stadium (formerly Etihad Stadium) in Melbourne. The cleaners were paid unlawfully low flat rates between February and June 2017, resulting in a total of $99,637 in underpayments. The investigation began after an anonymous tip-off. Quayclean Australia Pty Ltd, a cleaning contractor, Ranvel Pty Ltd, a sub-contractor, and two company directors, Indika Udara Lokubalasuriya and Harjot Singh, were penalised. Lionheart Workforce Pty Ltd, another sub-contractor, was also involved but could not be pursued due to liquidation.

$333K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO27 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two union representatives, Michael Ravbar and Andrew Blakeley, were penalised for unlawful conduct at construction sites on the Queensland Cross River Rail project. The incidents occurred at the Woolloongabba and Roma Street Station sites in Brisbane on August 19 and 24, 2021. They breached right of entry laws by failing to follow site protocols, bringing unauthorized vehicles onto the sites, and setting up a BBQ which disrupted work. Andrew Blakeley also made physical contact with a site representative. The Australian Building and Construction Commissioner (ABCC) initially brought the legal action, which later transferred to the Fair Work Ombudsman.

$225K penaltygeneral-protectionsright-of-entry
FWO24 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) faced legal action from the Australian Building and Construction Commissioner (ABCC). The case concerned unlawful industrial action at the Southpoint A hotel and apartment construction site in Brisbane. A CEPU official organised plumbing company employees to cease work for 3.5 hours on December 1, 2017. Allegations against a former CEPU official and workers were withdrawn. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022.

$70K penaltyunfair-dismissalgeneral-protectionspenalty-rates
FWO24 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Meriel Enterprises Pty Ltd, formerly operating as Meei Clinic in Baulkham Hills, NSW, failed to comply with a Fair Work Ombudsman Compliance Notice. The Compliance Notice related to unpaid entitlements for a part-time beauty therapist employed from March to June 2021. The business was required to calculate and back-pay minimum wages, Saturday penalty rates under the Hair and Beauty Industry Award 2010, and annual leave entitlements. The company only made the back-payment after the Fair Work Ombudsman initiated legal action.

$17K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO20 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Design Wolf Solutions Pty Ltd, a construction and home maintenance company in Brisbane, and its director, Brenton John Bound, failed to comply with a Fair Work Ombudsman Compliance Notice. The notice related to unpaid entitlements for an adult apprentice builder employed between August 2020 and May 2021. The worker, aged 23 at the time of employment, contacted the Fair Work Ombudsman for assistance. The company underpaid annual leave entitlements.

$30K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO20 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Green Vic Pty Ltd, a construction company in Melbourne. The investigation began after a worker, who held roles as Finishes Foreman and Project Maintenance Manager between May 2019 and August 2022, requested assistance. A Fair Work Inspector issued a Compliance Notice in January 2023, alleging the worker was not paid personal leave entitlements. Green Vic Pty Ltd allegedly failed to comply with this notice.

$41K penaltyunfair-dismissalunderpaymentgeneral-protections
FWO18 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Apollo Health Limited, a healthcare provider owned by St John Ambulance Western Australia Limited, has back-paid over $4.86 million to 438 current and former employees. The company self-reported underpayments discovered during a review. These underpayments occurred between July 2013 and July 2021, impacting employees in Armidale, Cannington, Cockburn, Joondalup, and Kambalda. Issues included payroll errors, incorrect application of modern awards, and inadequate time recording. Affected employees held various roles including healthcare, medical, dental, and support positions.

$4.9M penaltyunderpaymentpenalty-ratesannual-leave
FWO17 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and delegate Jason Roach were penalised for unlawful conduct at a Melbourne construction site, the 'Melbourne Quarter – Commercial Tower 2MQ Project'. In April 2020, the Applicant prevented a subcontractor from working because they were not a paid-up CFMMEU member. He told the subcontractor a membership fee was required, and then prevented them from working when they refused to pay. The Australian Building and Construction Commissioner (ABCC) initially brought the case, which later transferred to the Fair Work Ombudsman.

$60K penaltygeneral-protectionsfreedom-of-associationunion
FWO16 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Bakers Delight Holdings Pty Ltd, the Australian franchisor of the Bakers Delight chain. The action relates to alleged underpayments totaling $1.25 million to 142 mostly young staff at three Hobart stores (Kingston, Lindisfarne, and Eastlands) between July 2017 and October 2020. The franchisee, Make Dough Enterprises Pty Ltd, owned and managed by John Vince Puglisi and Lisa Kay Puglisi, allegedly directly employed and underpaid the workers. The company is now in liquidation. The franchisor is accused of knowing about the underpayments after February 2019 but failing to prevent further issues.

$1.3M penaltyunderpaymentgeneral-protectionspenalty-rates
FWO12 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Rainbow Wholefoods Pty Ltd, a health food retailer based in Lismore, northern NSW, has been penalised for failing to pay compensation to two unfairly dismissed workers. A manager and a shop assistant, employed since 2015 and 2018 respectively, were dismissed in July 2020. The Fair Work Commission ordered Rainbow Wholefoods to pay a total of $50,967.20 in compensation. The company and its director, Anthony Stillone, have admitted to breaching the Fair Work Act by failing to comply with these orders. Partial payments have been made, but significant amounts remain outstanding.

$54K penaltyunfair-dismissalpenalty-ratesgeneral-protections
FWO5 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Territory Tough Pty Ltd, which operates a burger outlet called “Good Thanks” in Darwin. The action follows a request for assistance from a young worker who was a full-time chef and apprentice at the restaurant between May 2019 and June 2022. A Fair Work Inspector issued a Compliance Notice in October 2022, alleging the company failed to pay wages for time spent in registered training, as required by the Restaurant Industry Award. The company did not comply with the notice.

$33K penaltyunderpaymentapprenticeshippenalty-rates
FWO5 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Back Your Cause Pty Ltd, formerly known as BYC Recruitment, and its general manager. The company, based in Gold Coast, is alleged to have failed to pay a former full-time business development manager wages for her final month of work and accrued but untaken annual leave. A Fair Work Inspector issued a Compliance Notice in July 2022, which the company allegedly failed to comply with. The worker was employed between July 2020 and November 2021.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO4 July 2023 · Fair Work Ombudsman

Fair Work Ombudsman

NQ Powertrain Pty Ltd, a labour-hire company based in Far North Queensland, has been penalised by the Federal Circuit and Family Court. The company admitted to breaching workplace laws by underpaying 87 visa holders a total of $49,933 between December 2018 and May 2020. The workers, from countries including Papua New Guinea, Vanuatu and the Solomon Islands, were employed under the Pacific Labour Scheme (PLS) and Seasonal Worker Programme (SWP) and supplied to farms near Cairns. The company made unlawful deductions for accommodation and transport costs and failed to pay correct minimum entitlements under the Horticulture Award 2010. NQ Powertrain ceased trading in 2022.

$106K penaltyunderpaymentcasual-conversionpenalty-rates
FWO29 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has announced an increase to the national minimum wage, effective July 1, 2023. The minimum wage will rise to $23.23 per hour or $882.80 per week for a full-time employee. Casual employees entitled to the national minimum wage will receive $29.04 per hour, including a 25% casual loading. Employees covered by awards will see a 5.75% increase to their minimum wage rates. The Fair Work Ombudsman encourages employers to use a pay calculator to ensure compliance.

$883 penaltyminimum-wagespenalty-ratescasual-conversion
FWO28 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Community Health, Emergency Care and Support (CHECS) Pty Ltd, a disability services company based in the Gold Coast region of Queensland. The action follows a request for assistance from a casual disability support worker employed in October-November 2021. A Fair Work Inspector issued a Compliance Notice in June 2022, alleging the worker was not paid wages owed under the Social, Community, Home Care and Disability Services Industry Award 2010. CHECS allegedly failed to comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO28 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Niyamat Pty Ltd, which operated a café/restaurant called Lillies and Lattes in Stawell, Victoria, and its director, Mathew D’Rozario. The action followed a request for assistance from a Sri Lankan worker who was employed as a cook between December 2020 and November 2021. The worker was initially on an international student visa and later transitioned to a graduate student visa. A Fair Work Inspector issued a Compliance Notice in March 2022, alleging underpayment of minimum wages, overtime, and penalty rates. Niyamat failed to comply with the notice, and the Second Respondent was allegedly involved. The eatery ceased operating in 2022.

$3K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO27 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Karenne Ann Gietzel and Gary John Gietzel, operators of Sunpine Pluss, a furniture manufacturing business in Toowoomba, Queensland. The action follows a request for assistance from a worker employed casually between July 2020 and June 2021. A Fair Work Inspector issued a Compliance Notice in November 2021, alleging underpayment of wages under the Timber Industry Award. The Gietzels allegedly failed to comply with the notice.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO27 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

C & G Smith Enterprises Pty Ltd, formerly operating a Rapid Tune franchise in Keysborough, Melbourne, has been penalised for failing to comply with a Compliance Notice. The company previously employed a young apprentice mechanic, aged 22 to 23, between February 2020 and February 2021. The Fair Work Ombudsman investigated after a request for assistance from the worker. The company had previously been penalised for similar non-compliance in 2022.

$20K penaltyunderpaymentpenalty-ratesannual-leave
FWO26 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Lotus Farm Pty Ltd, a tomato and cucumber farm in Werribee South, Victoria, and its director, the Respondent. Two former employees, both Vietnamese-speaking workers, alleged they were underpaid a total of $28,530.82 between June 2017 and September 2020. They claim they were paid unlawfully low flat hourly rates, below the minimum casual rates outlined in the Horticulture Award 2010. It is further alleged that the company falsified pay records and made unlawful deductions from one employee’s wages.

$28K penaltyunderpaymentpenalty-ratespublic-holidays
FWO21 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Crown Melbourne and Crown Perth, casino and resort operators, have back-paid over $1.2 million to approximately 200 current and former employees. This followed self-reported underpayments to the Fair Work Ombudsman (FWO) in March 2020. An audit identified that employees were incorrectly classified as award-free, resulting in underpayment of penalty rates, minimum hourly rates, overtime, and paid leave rates between July 2014 and June 2020. Affected employees held roles such as hairdressers, chefs, and receptionists.

$1.2M penaltyunderpaymentpenalty-ratescasual-conversion
FWO21 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the former owner-operator of Rhino Machinery Maintenance Pty Ltd (trading as Bairnsdale Hydraulics) in Victoria. A worker, employed as a full-time mechanic from October 2018 to October 2021, requested assistance. A Fair Work Inspector issued a Compliance Notice in July 2022, believing the worker was not paid accrued annual leave entitlements. The company has since gone into liquidation.

$4K penaltyunderpaymentannual-leavegeneral-protections
FWO21 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Clarke Allied Work Pty Ltd, which operates 'The Innovative Dietitian' in Adelaide. The business is facing a court case after failing to comply with a Compliance Notice. A worker, initially a part-time dietitian and later a full-time principal dietitian, raised concerns about underpayment. The worker was employed at the Maylands outlet between August 2020 and June 2022. The Compliance Notice related to unpaid wages for the final three weeks of work and accrued but untaken annual leave.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO15 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Vanna Taing, Brandon Bui, and Gary Lai, former operators and a human resources employee of a Gami Chicken & Beer franchise outlet ('Gami-Southland') in Cheltenham, Melbourne. The legal action follows investigations beginning in 2019 and continuing in 2021, after receiving requests for assistance from workers. It is alleged that Taing, Bui, and Lai provided false pay slips to a Fair Work Inspector and failed to comply with a Compliance Notice regarding unpaid wages and entitlements for 16 kitchen and wait staff. The workers included two young employees (aged 17) and several visa holders. Approximately $40,000 in underpayments remains outstanding.

$40K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO15 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against OzNDIS Pty Ltd, a provider of National Disability Insurance Scheme (NDIS) support services in Victoria, and its sole director, the Respondent. In January 2022, the Fair Work Commission found OzNDIS unfairly dismissed a worker and ordered them to pay $4,038.45 in compensation. The Ombudsman alleges OzNDIS failed to comply with this order, breaching the Fair Work Act. the Respondent is also alleged to have been involved in the breach.

$4K penaltyunfair-dismissalgeneral-protectionspenalty-rates
FWO14 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

HML Holdings Pty Ltd, a former franchisee of an Espresso Warriors café in Mittagong, New South Wales, failed to comply with a Compliance Notice. The company did not pay a Nepalese migrant worker, employed as a full-time chef from June 2020 to February 2022, accrued annual leave entitlements. The Fair Work Ombudsman investigated after a worker requested assistance. The café ceased operating in 2022.

$20K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO14 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Alexjax Corp Pty Ltd, trading as Heaven Salons, and its sole director and shareholder, Jack Hanna, failed to comply with Fair Work Ombudsman Compliance Notices. The business, which operated hairdressing and beauty salons in South Yarra and Brighton, Melbourne, underpaid four employees, including a UK working holiday visa holder. The underpayments related to minimum wages, Saturday penalty rates, annual leave, and payment in lieu of notice. The outlets have now closed. The Fair Work Ombudsman investigated after receiving a request for assistance from the affected workers.

$27K penaltyunderpaymentpenalty-ratesannual-leave
FWO8 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Suncorp Staff Pty Ltd, Suncorp Insurance Services Limited and AAMI (together Suncorp) signed an Enforceable Undertaking with the Fair Work Ombudsman after back-paying about $32 million to more than 15,800 employees in the insurance arm of the business. Underpayments occurred between May 2014 and March 2022. The cause was inconsistent application of the term 'Rostered Employee' in Suncorp's enterprise agreements, plus misunderstandings of entitlements tied to a self-service process. Affected entitlements included overtime, shift loadings, weekend penalties, annual leave loading, public holiday loadings, long service leave, redundancy, payment in lieu of notice and superannuation.

$32.0M penaltyunderpaymententerprise-agreementpenalty-rates
FWO7 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated 14 Sharetea franchise outlets after receiving reports of potential underpayments. The investigation, which began in April 2022, involved stores in Sydney, Melbourne, Brisbane, and Canberra. Inspectors found that only five of the 14 outlets complied with workplace laws, including the Fast Food Award 2010 and 2020. A total of 36 workers were affected, with $89,952 in unpaid wages recovered. One Sydney store accounted for $78,711 of the recovered amount, impacting 18 employees. The franchisee operating that store is no longer in business.

$90K penaltyunderpaymentpenalty-ratescasual-conversion
FWO4 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Carnarvon Cleaners Pty Ltd, a contract cleaning company based in Carnarvon, Western Australia, and its sole director and shareholder, Margaret Herlysha Seaton, have been penalized by the Federal Circuit and Family Court. They admitted to underpaying 35 employees a total of $114,538 between November 2017 and November 2018. The employees worked as cleaners, gardeners, and trolley collectors in the Gascoyne region. The company also falsified records when dealing with Fair Work Inspectors. Previous audits in 2010, 2013, and 2014 had already identified underpayment issues.

$140K penaltyunderpaymentpenalty-ratespublic-holidays
FWO1 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Aisha & Umma Enterprises Pty Ltd, formerly trading as RMB Café in Melbourne, has been penalized by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice regarding underpayments to 13 food and beverage attendants and cooks. These employees worked at the café between May 2017 and August 2019. The Fair Work Ombudsman began an investigation as part of Melbourne food precinct audits.

$42K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO1 June 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against H-TEQ Pty Ltd, formerly operating as Hydro Construction Products, and its sole director, the Respondent. The company, which had locations in Queensland, New South Wales, and Victoria, was investigated following a request for assistance from a former warehouse storeperson employed in Minto, Sydney, between April 2019 and March 2021. The Applicant was not paid accrued annual leave entitlements when his employment ended. A Compliance Notice was issued in February 2022, but the company allegedly failed to comply.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO25 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and two of its organisers, Andrew Blakeley and Luke Gibson, were taken to court by the Australian Building and Construction Commissioner (ABCC) in 2020. The case involved their conduct at a Queensland Cross River Rail project site on Boggo Road, Brisbane, in April 2020. They admitted to improper conduct breaching the Fair Work Act, including comments made at the site. Initially, a judge imposed penalties totaling $151,200. The CFMMEU and the individuals appealed the decision.

$151K penaltygeneral-protectionspenalty-ratessham-contracting
FWO24 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against ESR Group Pty Ltd, operating as Essential Motor Body Smash Repairs in Seven Hills, and company manager Paul Silvestro. Four workers, including three panel beaters and a spray painter, raised concerns about unpaid entitlements. The workers were employed between March 2020 and December 2021. The investigation found potential issues with accrued but untaken annual leave, unpaid wages for some work, and unpaid personal leave. Compliance Notices were issued but allegedly not followed.

$33K penaltyunderpaymentpenalty-ratesannual-leave
FWO24 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Mehtaab Group, a Melbourne-based painting company trading as Paint Splash, and its sole director, Vikramjeet Singh Khalsa. The company dismissed an Indian international student employee unfairly and failed to pay $21,491.17 in compensation, as ordered by the Fair Work Commission. They also failed to pay outstanding annual leave entitlements. The company and its director are based in Tarneit.

$57K penaltyunfair-dismissalpenalty-ratesannual-leave
FWO23 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Rika Foods North Melbourne Pty Ltd, a former juice and coffee bar in Collingwood, and its director, Radomir Pantovic, failed to pass on $14,400 in JobKeeper payments to a casual employee. A Fair Work Inspector issued a Compliance Notice in November 2021, requiring the company to back-pay the entitlements. This is the second time the company has faced penalties from the Fair Work Ombudsman, following a previous case in 2022 involving a visa holder worker.

$14K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO23 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Nimos Leisure Pty Ltd, which operates 'Stannum House' in Tenterfield, New South Wales, and its director, Mohan Lal Siribaddana, have been penalised by the Federal Circuit and Family Court. This followed a Fair Work Ombudsman investigation into underpayment of a Sri Lankan visa holder employed as a food and beverage attendant between December 2017 and January 2019. The company failed to comply with a Compliance Notice requiring back-payment of entitlements. The worker was underpaid weekend overtime, public holiday penalty rates, and annual leave entitlements under the Hospitality Industry (General) Award 2010 and the Fair Work Act’s National Employment Standards.

$20K penaltyunderpaymentpenalty-ratespublic-holidays
FWO18 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, who operates the ‘Mallanganee Hotel & Pub’ in Mallanganee, New South Wales. A worker was employed by the Respondent between July 2020 and January 2021, initially as a casual food and beverage attendant, then in a full-time managerial role. A Fair Work Inspector issued a Compliance Notice in December 2021, alleging underpayment of minimum casual rates, penalty rates, and annual leave entitlements. The Respondent allegedly failed to comply with this notice.

$6K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO18 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the operator of Skipper Automotive in Adelaide. A young worker, aged 22, sought assistance after being employed between March and May 2021. A Fair Work Inspector issued a Compliance Notice in April 2022, alleging unpaid wages for a trial period (75 hours) and underpayment of annual leave entitlements. The Respondent allegedly failed to comply with the notice, which required him to calculate and back-pay the worker's entitlements.

$4K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO16 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Gothic Downs Pty Ltd, which operates Bakers Boutique & Patisserie outlets in Melbourne, and its sole director, Giuseppe Conforto, failed to comply with Fair Work Ombudsman (FWO) Compliance Notices. The notices related to underpayment of entitlements to two workers at Meadow Heights and Caroline Springs outlets between 2016 and 2018. One worker was a visa holder from India. The company and director back-paid $30,107 after the FWO commenced legal action. The workers were a pastry cook and a sales assistant.

$60K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO16 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Buffalos Cairns Operations Pty Ltd, formerly operating a restaurant called Buffalo’s at Smithfield Shopping Centre in Cairns, Queensland, has been penalised by the Federal Circuit and Family Court. The company failed to calculate and back-pay annual leave entitlements to three employees, including a cook, a food and beverage attendant, and an operations manager. Two of the employees were visa holders from Turkey and France. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers. The restaurant closed in 2020.

$30K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO11 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Uniting AgeWell Limited, a not-for-profit aged care provider, self-reported underpayments to the Fair Work Ombudsman in September 2021. A review revealed incorrect interpretation of enterprise agreements, rostering issues, and failure to pay correct penalty rates and allowances. Between 2015 and 2021, 4,971 employees across Victoria and Tasmania were underpaid a total of approximately $3.5 million, plus $127,640 in superannuation. The company has back-paid 4,224 current and former employees, with the remaining rectifications to follow. Affected roles included nurses, bus drivers, chefs, and social workers.

$3.5M penaltyunderpaymentpenalty-ratesenterprise-agreement
FWO10 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The University of Technology Sydney (UTS) has agreed to back-pay over 2,700 current and former casual professional staff more than $4.4 million in underpayments, plus over $1.3 million in superannuation and interest. The underpayments occurred between September 2014 and May 2021. UTS discovered the issue during an internal review of its payroll system in May 2021 and self-reported the non-compliance to the Fair Work Ombudsman. The underpayments stemmed from a failure to update employment contracts and payroll systems to reflect minimum engagement pay increases outlined in the 2014 and 2018 professional staff enterprise agreements.

$4.4M penaltyunderpaymentcasual-conversionenterprise-agreement
FWO4 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman is focusing on compliance within the agriculture sector. Since December 2021, inspectors have investigated 330 businesses in regional areas, including the Whitsunday Coast, Adelaide and Adelaide Hills, South West WA, and Stanthorpe. Investigations have focused on pay slip and record-keeping breaches, with a particular concern for labour hire companies. Inspectors have also issued notices for underpayments and failure to provide information statements to new workers. Many ongoing investigations relate to pieceworker minimum wage guarantees.

$170K penaltypenalty-ratesunderpaymentgeneral-protections
FWO3 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Vertebral Pty Ltd, an IT services company based on the Gold Coast, and its director Yasien Adams have been penalized by the Federal Circuit and Family Court. The company failed to comply with a Compliance Notice regarding entitlements for a network engineer employed between January and August 2020. The worker was a visa holder from the United Arab Emirates. The Fair Work Ombudsman investigated after a request for assistance from the worker.

$37K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO3 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Zenobia Trading Pty Ltd, formerly operating 'Zenobia Lebanese Cuisine' in North Strathfield, Sydney, and its sole director, Jorge Ballas, failed to comply with a Compliance Notice. The notice required them to calculate and back-pay entitlements to an international student employed as a casual cook between February and November 2020. The Fair Work Ombudsman investigated after a worker requested assistance. The worker was underpaid casual minimum wage rates and penalty rates for weekend and late-night work.

$18K penaltyunderpaymentpenalty-ratescasual-conversion
FWO2 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Klinsic Constructions Pty, a Sydney-based residential building and construction company, and its director, the Respondent, have been penalized by the Federal Circuit and Family Court. This followed a failure to comply with a Compliance Notice regarding back-payments to an employee employed between January 2019 and July 2021. The Applicant was aged 23 to 25, and was underpaid minimum hourly rates, redundancy entitlements, and payment-in-lieu-of-notice. The company back-paid $18,053 after the Fair Work Ombudsman initiated legal action. The investigation began after a request for assistance from the Applicant.

$23K penaltyunderpaymentgeneral-protectionsyoung-workers
FWO2 May 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated RBE Transport, a furniture delivery business in Maitland, NSW, after a worker requested assistance. the Applicant operated the business as a sole trader, and his partner was involved in managing it. The worker, aged 18 to 19, was employed as a furniture delivery assistant between December 2020 and July 2021. A Fair Work Inspector issued a Compliance Notice in September 2021, but the Applicant failed to comply, and his partner was involved in this failure. The Compliance Notice related to unpaid annual leave entitlements under the Road Transport and Distribution Award 2020 and the Fair Work Act’s National Employment Standards.

$11K penaltyunderpaymentpenalty-ratesannual-leave
FWO27 Apr 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated 49 businesses in Sydney's food precincts, including Haymarket, Chinatown, and Darling Harbour. The investigations found that 77% of the 47 completed investigations revealed breaches of workplace laws. A total of 36 businesses were found to be in breach, with 31 underpaying workers and 22 failing to provide proper payslips or records. The investigation involved 333 workers and recovered $239,505 in unpaid wages. The largest recovery from one business was $52,081 for 18 employees. The businesses were selected due to a history of non-compliance, anonymous tip-offs, or employing vulnerable visa holders.

$239K penaltyunderpaymentpenalty-ratespay-slips
FWO27 Apr 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against the Respondent and the Second Respondent, a married couple who operated Hotel Frangos and Café Koukla in Daylesford, Victoria. They are accused of allegedly underpaying 97 staff a total of $320,929 between May 2017 and July 2019. The affected workers included 15 junior employees aged 15 to 20 and several visa holders from Nepal, Pakistan, and Armenia. The alleged underpayments involved insufficient salaries for full-time employees and unpaid entitlements for casual employees, including minimum wage, casual loading, overtime rates, and penalty rates. Two cooks on Regional Sponsored Migration Scheme visas were allegedly required to work excessive hours, averaging nearly 50 hours per week.

$320K penaltyunderpaymentpenalty-ratescasual-conversion
FWO18 Apr 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman is conducting surprise inspections of approximately 50 food outlets in Newcastle, New South Wales. The inspections target businesses in suburbs like Broadmeadow, Cameron Park, and Mayfield. The regulator is checking for compliance with pay and entitlements, following intelligence suggesting potential underpayments. Businesses targeted often serve as 'cheap eats' venues and may employ vulnerable workers, such as visa holders. The inspections involve speaking with business owners, managers, and employees, and reviewing records.

$1.7M penaltyunderpaymentpenalty-ratesgeneral-protections
FWO16 Apr 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman secured penalties against Green Clean (Aust) Pty Ltd and a former manager after they underpaid two international students from Nepal. The students worked as casual cleaners between March and June 2019. Green Clean misclassified them as independent contractors, resulting in underpayment of minimum wages, casual loading, broken-shift allowance, penalty rates, overtime entitlements, and superannuation. The company and manager provided false records to a Fair Work Inspector. This is the second time Green Clean has faced penalties for similar breaches.

$124K penaltyunderpaymentcasual-conversionpenalty-rates
FWO16 Apr 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Mac-Worx Pty Ltd, a Gold Coast construction company, faced legal action from the Fair Work Ombudsman. Two construction workers were underpaid wages and other entitlements. The Australian Building and Construction Commission initially issued Compliance Notices in March and August 2022, requiring back-payment of entitlements. The case transferred to the Fair Work Ombudsman in December 2022 after the company failed to comply.

$25K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO12 Apr 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Yeon Beauty Salon Pty Ltd, trading as ‘Yeon Art Hair’ in Eastwood, Sydney, and its sole director and manager, the Respondent, underpaid a South Korean employee between 2015 and 2019. The employee worked as a hairdresser and was sponsored by the company on a subclass 457 visa. She was required to make unlawful cashback payments to her partner to cover leave entitlements and visa related costs. Fair Work Inspectors investigated after the employee requested assistance. The investigation revealed underpayment of minimum wages, tool allowance, overtime pay, and penalty rates, along with false payslips and failure to keep records.

$291K penaltyunderpaymentpenalty-ratesmisclassification
FWO30 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against J & L Auto Electrics Pty Limited, a vehicle repair business based in Bexley, Sydney, and its sole director, the Respondent. The action followed a request for assistance from a worker employed between April 1999 and June 2021. A Fair Work Inspector issued a Compliance Notice in July 2022 after suspecting the worker was underpaid minimum wages, payment-in-lieu-of-notice, and annual leave entitlements under the Vehicle Repair, Services and Retail Award 2020. The company failed to comply with the notice, and is alleged to owe the worker $19,968.20.

$20K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO30 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the former operator of 'Juicy Fruits Kensington' in Kensington, Melbourne. Three part-time shop assistants, aged 19 to 20, worked for the Respondent between August 2021 and March 2022. They performed duties including customer service and handling transactions. A Fair Work Inspector issued a Compliance Notice in July 2022, alleging underpayment of minimum wages under the General Retail Industry Award 2020 and failure to pay accrued annual leave. The Respondent allegedly failed to comply with the notice.

$3K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO27 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

DB Richardson Trading Pty Ltd, trading as ‘Electrafi’, and its sole director, Desmond Brian Richardson, failed to back-pay entitlements to two young apprentices employed between January 2020 and February 2021. The Fair Work Ombudsman investigated after receiving requests for assistance from the workers. One worker was paid approximately $100 for five months of casual and full-time work, while the other was paid $3,250 for more than three months of casual and seven months of part-time work. A Compliance Notice was issued in September 2021, which the company failed to follow.

$15K penaltyunderpaymentapprenticesgeneral-protections
FWO27 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Andrew Kevin Graham and Kelly Nicole Noy, former operators of the 'Slice of the Bay' pizza business in Batemans Bay, New South Wales. The action followed a request for assistance from a young, casual worker who performed front-of-house and delivery duties between February and July 2021. A Fair Work Inspector issued a Compliance Notice in June 2022 alleging underpayment of the casual minimum wage, weekend, and overtime penalty rates under the Fast Food Industry Award 2010. The Compliance Notice required calculation and back-payment of entitlements, which Graham and Noy allegedly failed to comply with.

$7K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO23 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Sushil Kumar, a former restaurant operator in Leederville, Western Australia, exploited a Bangladeshi cook who was working in Australia on a subclass 457 visa. The cook was recruited in 2015 and worked at the Bricklane British Curry House. Kumar required the cook to pay back cash from his wages, resulting in a total underpayment of $38,822. The cook also sustained a workplace injury and lodged a workers’ compensation claim. Kumar subsequently dismissed the cook and contacted immigration authorities about the termination.

$59K penaltypenalty-ratesunderpaymentcasual-conversion
FWO22 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against Pure Telecom Pty Ltd, trading as VMCN Solutions, and its sole director, the Respondent. The company, based in Willoughby, Sydney, allegedly underpaid an IT professional who worked for them from November 2014 to July 2021. A Fair Work Inspector issued a Compliance Notice in May 2022 regarding alleged underpayment of minimum wages and unpaid annual leave entitlements. the Applicant is reportedly owed more than $40,000, with some back-payment already made.

$40K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO22 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

the Applicant, the former director of two Subway franchise outlets in Glenelg, Adelaide, faced legal action from the Fair Work Ombudsman. Three workers employed at these outlets between August 2017 and October 2019 were underpaid entitlements. The Fair Work Ombudsman issued Compliance Notices requiring back-payment, which the Applicant failed to address. The workers were owed a total of $25,597, with one worker owed $22,247 and two younger workers owed $1,750 and $1,600 respectively.

$31K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO20 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and three officials, Blake Hynes, Te Aranui Albert, and Michael Ravbar, were taken to court by the Australian Building and Construction Commissioner (ABCC). The case involved disruptions at a Bruce Highway project site near Caloundra, Queensland, in July 2018. Officials blocked a truck carrying concrete girders and Hynes aggressively confronted a safety advisor. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022.

$114K penaltygeneral-protectionspenalty-ratessham-contracting
FWO20 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

JMSL Pty Ltd, a former franchisee of The Coffee Club in Geelong, Victoria, and its sole director, the Respondent, underpaid two young workers a total of $15,412 between May 2016 and November 2018. The workers were paid flat rates as low as $15 per hour, resulting in underpayment of junior hourly rates, casual loadings, weekend and public holiday penalty rates. The company and director falsified records and provided them to the Fair Work Ombudsman. They back-paid the workers after legal action commenced. The Fair Work Ombudsman had previously warned the Respondent about workplace law obligations.

$116K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO19 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and several of its officials were taken to court by the Australian Building and Construction Commissioner (ABCC) in 2019. The legal action related to unlawful picketing, coercion, and applying undue pressure on a crane company, Botany Cranes, to sign a CFMMEU enterprise agreement and reinstate a union delegate. This involved a picket of around 50 people outside Botany Cranes’ premises in Botany in January 2019. In 2021, Justice Steven Rares imposed penalties totaling $1,022,500. The CFMMEU and individuals appealed the decision.

$175K penaltygeneral-protectionspenalty-ratesunlawful-picket
FWO15 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Saga Source Pty Ltd, an information technology company based in Perth, and its sole director, Ayden Lee Hernan-Sayers. The investigation began after a request for assistance from a former junior backend developer who worked for the company between November 2020 and December 2021. A Fair Work Inspector issued a Compliance Notice in March 2022, alleging underpayment of minimum wages, annual leave, and personal leave entitlements. The company failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO15 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Razor’s Edge Barbershop Pty Ltd and its sole director, Salvatore Anselmo. The barbershop, based in Point Cook, Melbourne, closed before the legal action. Two part-time barbers, one of whom was a visa holder, requested assistance from the Fair Work Ombudsman. They allege they were not fully paid their accrued but untaken annual leave entitlements when their employment ended between March 2018 and June 2021. A Compliance Notice was issued in March 2022, which the barbershop allegedly failed to fully comply with.

$33K penaltyunderpaymentannual-leavegeneral-protections
FWO14 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Equine Robinson Pty Ltd, trading as 'Horse Riding Hinterland' in Tamborine Mountain, and its sole director, Ocean Robinson, failed to back-pay entitlements to a casual horseriding attendant employed between June 2019 and November 2020. The Fair Work Ombudsman investigated after a young worker requested assistance. The worker's duties included operating horseriding tours, managing bookings, and caring for horses. A Compliance Notice was issued in July 2021, but it was not followed.

$22K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO14 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Josef Samuel Neubauer, the former operator of 'City Central Cleaning' in Adelaide, has been penalised by the Federal Circuit and Family Court. He attempted to avoid his obligations to a Brazilian national working as an administration assistant by using his father’s Australian Business Number (ABN). The Fair Work Ombudsman investigated after the worker requested assistance, alleging underpayment of wages, annual leave pay, and payment-in-lieu-of-notice. Neubauer failed to comply with a Compliance Notice and provided the worker with a false payslip.

$14K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO9 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Timothy Baxter Chambers and Craig Richard Simpson, former directors of ProClean HQ Pty Ltd. The company provided cleaning services at Sydney Trains’ Auburn Maintenance Centre and went into liquidation in 2021. The investigation began after concerns were raised about underpayments. It is alleged that five migrant cleaners from Sri Lanka and Nepal, aged between 19 and their early 20s, were underpaid a total of over $125,000 between February 2018 and April 2019. ProClean HQ allegedly misclassified them as independent contractors, requiring them to obtain Australian Business Numbers and sign agreements for flat rates of $20 to $22 per hour.

$124K penaltysham-contractingunderpaymentpenalty-rates
FWO5 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Printpot Pty Ltd, a wheat farm operator in Carinda, New South Wales. A farmhand worked for the company from July 2018 to February 2020. A Fair Work Inspector issued a Compliance Notice in July 2021, alleging underpayment of minimum wages and annual leave entitlements under the Pastoral Award 2010 and the National Employment Standards. Printpot allegedly failed to comply with the notice, which required calculation and back-payment of entitlements.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO5 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

BSH Transport Solutions Pty Ltd, a freight transport company based in Regency Park, Adelaide, and its sole director, Brenton Philip Smith, have been penalised by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a payroll manager requested assistance. The company failed to comply with a Compliance Notice requiring back-payment of entitlements. The manager was employed between January 2019 and May 2021 and was owed approximately $11,438 in personal and annual leave entitlements.

$19K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO2 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated 13 security businesses in Perth following concerns about workplace law compliance. Investigations concluded for 12 businesses, revealing that nine (75%) were non-compliant. A total of 102 security guards and supervisors were underpaid by eight businesses. The most common breaches involved failing to pay penalty rates for weekend, shift, public holiday, and other loadings, and failing to pay overtime rates. $368,666 was recovered and two infringement notices were issued for pay slip and record-keeping breaches.

$360K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO1 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against JACZ Holdings Pty Ltd, a residential building company based in Heidelberg Heights, and its director, the Respondent. The investigation began after a request for assistance from a young apprentice bricklayer who worked for the company between March 2020 and January 2022. A Fair Work Inspector issued a Compliance Notice in July 2022, alleging the company failed to reimburse training fees and underpaid the apprentice’s minimum rates under relevant awards. The company did not comply with the notice.

$33K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO1 Mar 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated The Emperor's Court Pty Ltd, a former restaurant in Wembley, Perth, and its sole director, the Respondent. A visa-holder worker from Thailand was employed as a cook from June to September 2020. The company failed to comply with a Compliance Notice requiring it to calculate and back-pay the worker's entitlements, including minimum wages, overtime, penalty rates, and leave. The Fair Work Inspector issued the Compliance Notice in July 2021 after a request for assistance from the worker.

$28K penaltyunderpaymentpenalty-ratesgeneral-protections
FWO28 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman conducted surprise inspections of approximately 20 farms and labour companies around Bunbury, Western Australia. The inspections targeted businesses in Manjimup and Donnybrook. Inspectors assessed compliance with workplace laws, focusing on potential underpayments of agriculture workers, particularly those with visas. The farms grow produce like apples, pears, avocadoes, and raise beef cattle. Concerns included unpaid overtime, incorrect public holiday rates, missing pay, and inadequate breaks.

$17K penaltyunderpaymentpenalty-ratespublic-holidays
FWO27 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against the Respondent, the sole director of Central District Smash Repairs Pty Ltd, which is now in liquidation. The investigation began after two full-time employees requested assistance. A Fair Work Inspector issued Compliance Notices in April and May 2022, concerning unpaid accrued annual leave entitlements. The employees included an estimator manager (3.5 years of service) and an administrative manager/payroll officer (over 20 years of service). The Ombudsman alleges the Respondent failed to comply with the notices, which required calculation and back-payment of entitlements.

$7K penaltyunderpaymentpenalty-ratesannual-leave
FWO27 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated Darrell Crouch & Associates Pty Ltd, a Perth-based real estate and business brokering company, after the Applicant requested assistance. The company failed to comply with a Compliance Notice requiring back-payment of entitlements. The worker was employed between August 2016 and February 2019. The company and its managing director, the Respondent, only back-paid the worker after the Fair Work Ombudsman commenced legal action.

$18K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO23 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

David Jones Pty Ltd and Cicero Clothing Pty Ltd (trading as Politix) have signed Enforceable Undertakings (EUs) with the Fair Work Ombudsman. They reported underpayments to the Fair Work Ombudsman in September 2020. The underpayments, affecting over 7,000 employees, stemmed from payroll errors, incorrect salary calculations, and failures to provide required entitlements. Politix underpaid approximately 850 employees between November 2016 and September 2020, while David Jones underpaid around 2,800 employees between April 2014 and September 2020. The total underpayment amounts were approximately $2.06 million plus $45,000 in superannuation for Politix and $480,000 plus $1.4 million in superannuation for David Jones. Most backpayments have been made.

$1.9M penaltyunderpaymentpenalty-ratesgeneral-protections
FWO21 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman is conducting surprise inspections of approximately 50 food outlets in Perth, including Belmont, Victoria Park, and East Victoria Park. These inspections are part of a national program targeting food precincts. They are checking for underpayments and ensuring workers receive correct pay and entitlements. The inspections follow intelligence suggesting potential underpayments, particularly affecting vulnerable workers like visa holders and students. Businesses were selected based on factors like anonymous reports and employing vulnerable workers.

$1.7M penaltyunderpaymentpenalty-ratesmisclassification
FWO16 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman pursued legal action against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), its Secretary Michael Ravbar, and union organiser Andrew Blakeley. The case involved alleged breaches of right of entry laws at a construction site for the Queensland Performing Arts Centre (QPAC) in South Brisbane in November 2020. Initial court proceedings were commenced by the Australian Building and Construction Commission (ABCC) in May 2021.

$120K penaltygeneral-protectionsright-of-entry
FWO13 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman investigated R&A Barbers Zone Pty Ltd, which operates 'The Barbers Zone' in Fairfield, and its director, Arsin Yousif. A full-time apprentice hairdresser, an Iraqi national on a humanitarian visa, worked at the salon between February 2019 and September 2020. The business failed to pay the worker all entitlements owed under the National Employment Standards and Hair and Beauty Industry Award 2010, including minimum apprentice wage, penalty rates, and annual leave. The Fair Work Ombudsman issued Compliance Notices, which were not followed. The worker was back-paid $13,760 after legal action commenced.

$16K penaltyunderpaymentpenalty-ratesannual-leave
FWO13 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against NB Visionary Trading Pty Ltd, a commercial carpentry company based in Mornington, Victoria. The company was investigated after two workers, a carpenter and a carpenter apprentice, contacted the Fair Work Ombudsman for assistance. One worker was employed from May to December 2020 on a daily hire basis, and the other, a 20-year-old apprentice, was employed on a weekly hire basis. A Fair Work Inspector issued a Compliance Notice in November 2021, believing the workers were not paid accrued annual leave and the apprentice was underpaid wages, overtime, and public holiday pay.

$33K penaltyunderpaymentpenalty-ratespublic-holidays
FWO12 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Design Wolf Solutions Pty Ltd, trading as Designwolf Building Solutions, and its director, Brenton John Bound. The action follows a request for assistance from the Applicant who was employed as a full-time adult apprentice builder from August 2020 to May 2021. A Fair Work Inspector issued a Compliance Notice in September 2021 regarding alleged underpayment of annual leave entitlements. The company failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO9 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against The University of Melbourne. The University is alleged to have underpaid 14 casual academics in the Faculty of Arts between February 2017 and December 2019. The academics were not paid for all hours of marking work, instead being paid based on 'benchmarks'. Total underpayments allegedly amounted to $154,424, ranging from $927 to $30,140 per individual. Staff were required to record hours based on these benchmarks, not actual hours worked. The Fair Work Ombudsman alleges serious contraventions of the Fair Work Act.

$154K penaltyunderpaymentcasual-conversionpenalty-rates
FWO8 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against 85 Degrees Coffee Australia Pty Ltd ('85 Degrees'), the franchisor of the '85°C Daily Café' brand. The action alleges that 85 Degrees is liable for alleged underpayments and record-keeping breaches at eight franchisee-operated outlets in Sydney during 2019. Nine workers were allegedly underpaid a total of $32,321. Twenty workers, including young workers and visa holders, were affected by record-keeping and pay slip contraventions. This follows a previous penalty of $475,200 for exploiting Taiwanese students in 2016 and 2017.

$32K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO6 Feb 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Seven subsidiaries of Wesfarmers Industrial and Safety Pty Ltd (WIS), including J. Blackwood & Son Pty Ltd, Protector Alsafe Pty Ltd, Bullivants Pty Limited, The Workwear Group Pty Ltd, Coregas Pty Ltd, Blacksmith Jacks Pty Ltd and Lawvale Pty Ltd, have underpaid more than 3,400 employees nationally. The underpayments occurred between January 2010 and June 2020, totaling over $4.8 million plus $246,779 in superannuation. The errors stemmed from payroll system issues arising from acquisitions made in 2013 and 2014. Affected employees worked in various roles across locations including Melbourne, Sydney, Newcastle, Wollongong, Mackay, Canberra, Perth and Darwin.

$4.8M penaltyunderpaymentpenalty-ratesannual-leave
FWO31 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and six current and former officials were found to have breached right of entry laws at a Logan and Gateway motorways extension construction site in Brisbane in 2018. The Australian Building and Construction Commission (ABCC) initially brought the case to the Federal Court in 2020. The officials entered the site on four dates, failed to display entry permits, and did not leave when asked. Beau Seiffert entered the site on each of those dates. Responsibility for the case transferred to the Fair Work Ombudsman in December 2022.

$328K penaltygeneral-protectionsright-of-entrypenalty-rates
FWO29 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Oaka Constructions Qld Pty Ltd, a civil engineering company based in Gladstone, Queensland. The investigation began after a carpenter, employed from 2010 to 2021, requested assistance. A Fair Work Inspector issued a Compliance Notice in July 2022 regarding alleged underpayment of redundancy entitlements under the Building and Construction General On-site Award 2020. The company allegedly failed to comply with the notice, which required calculation and back-payment of the worker's entitlements.

$33K penaltyunderpaymentpenalty-ratesmodern-award-variation
FWO29 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action against Vertebral Pty Ltd, an IT services company based in Gold Coast, and its director, Yasien Adams. An investigation began after a network engineer, employed between January and August 2020 and holding a visa at the time, requested assistance. A Fair Work Inspector issued a Compliance Notice in December 2021 regarding alleged underpayment of minimum wages, payment-in-lieu-of-notice, and annual leave entitlements under relevant awards and the National Employment Standards. The company failed to comply with the notice.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO26 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman secured $90,000 in penalties against four companies operating commercial laundry businesses under the name ‘South Pacific Laundry’. These companies are Specialised Linen Services (Sydney), Specialised Linen Services (Adelaide), Specialised Linen Services (Cairns), and Specialised Linen Services (Melbourne). Twenty-two workers were underpaid a total of $24,134 between January 2018 and October 2018. One worker was 17 years old, and four were visa holders. The investigation began with a Cairns-based company as part of the Workplace Basics Campaign and expanded after anonymous reports. Affected workers held full-time, part-time, and casual positions.

$90K penaltyunderpaymentpenalty-ratescasual-conversion
FWO24 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Sofworks Pty Ltd, trading as Geelong Cable Locations, failed to comply with a Fair Work Ombudsman Compliance Notice. The company, based in Geelong, Victoria, was investigated after a worker sought assistance. The worker was employed as an underground utility detection technician from 2017 to 2021. The Compliance Notice related to unpaid accrued annual leave entitlements. Sofworks only back-paid the worker after the Fair Work Ombudsman commenced legal action.

$10K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO24 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman commenced legal action against Bid Collective Australia Pty Ltd, a Melbourne-based consulting firm. The investigation began after a business development manager, employed from February to September 2021, requested assistance. A Fair Work Inspector issued a Compliance Notice in February 2022, alleging underpayment of minimum wages and annual leave entitlements. The company allegedly failed to comply with this notice, which required calculation and back-payment of the worker's entitlements.

$33K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO23 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

Teds Crane Hire Pty Ltd, a former crane hire company based in Gisborne, Victoria, has been penalized by the Federal Circuit and Family Court. The Fair Work Ombudsman investigated after a crane operator requested assistance. The company failed to comply with a Compliance Notice requiring it to calculate and back-pay entitlements to the worker, who was employed between April 2018 and August 2020. A Fair Work Inspector issued the Compliance Notice in March 2021.

$19K penaltyunderpaymentgeneral-protectionspenalty-rates
FWO23 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has taken legal action against the Respondent, who operated ‘Bassi Group Transport’, and his wife. The business provided waste collection and disposal services in the Brisbane and Logan areas. An investigation began after a truck driver, employed part-time between June 2019 and February 2020, requested assistance. A Fair Work Inspector issued a Compliance Notice in December 2021, alleging underpayment of entitlements including shift-work overtime, public holiday rates, and penalty rates. The Respondent failed to comply with the notice.

$7K penaltyunderpaymentpenalty-ratespublic-holidays
FWO19 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Fair Work Ombudsman has commenced legal action in the Federal Court against Super Retail Group Limited (SRG Limited) and four subsidiaries: Super Cheap Auto Pty Ltd, Rebel Sport Ltd, SRG Leisure Retail Pty Ltd (trading as BCF and Ray’s Outdoors), and Macpac Retail Pty Ltd. SRG Limited disclosed widespread underpayments to the Fair Work Ombudsman and the Australian Securities Exchange. Approximately 146 employees across the group are the focus of the legal action, alleging a total of $1.14 million in underpayments between January 2017 and March 2019. The underpayments reportedly occurred because salaried employees’ annual salaries did not cover their minimum lawful entitlements, particularly overtime work. The workers included full-time, part-time and casual staff, based in stores across Australia.

$1.0M penaltyunderpaymentpenalty-ratesgeneral-protections
FWO16 Jan 2023 · Fair Work Ombudsman

Fair Work Ombudsman

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and three of its officials were taken to court by the Australian Building and Construction Commission (ABCC) for unlawful picketing at a Canberra building site in May 2018. The picketing delayed work for two hours and involved blocking entrances with cars, linking arms, and using locks and chains. The CFMMEU and officials admitted to the unlawful actions. Initially, penalties totaling $126,000 were imposed. Following an appeal, the Federal Court increased the CFMMEU’s penalty to $180,000.

$126K penaltyunfair-dismissalpenalty-ratesgeneral-protections

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