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.
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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.
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.
Fair Work Ombudsman
The Fair Work Ombudsman took legal action against More Than Skin Pty Ltd, which operated The Noshery café in Glebe, Sydney, and its co-directors, Lila and Lupo Stojcevski. The company and individuals failed to comply 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.
Fair Work Ombudsman
The Fair Work Ombudsman has taken legal action against Lachlan Robert Oliver, 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 Mr Oliver, 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.
Fair Work Ombudsman
The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and an official, Paul Tzimas, 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. Mr Tzimas 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.
Fair Work Ombudsman
Xuan A Tran and Quang Manh Dong, a husband-and-wife partnership operating 'Vina Yummy Kitchen' in Hobart, have been penalised by the Federal Circuit and Family Court. They admitted to underpaying two employees—Ms Tran’s 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. Ms Tran also provided false records to Fair Work inspectors. The couple assisted the workers to migrate to Australia and acted as visa sponsors for Ms Tran’s sister.
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.
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.
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.
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.
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.
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.
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.
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.
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. Mr Reilly 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.
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.
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.
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.
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, Bingqi Zhao. 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.
Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Adelaide-based security company Agile Group (Global) Pty Ltd and its head of group operations, Justin Benjamin James Brinkies. 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.
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.
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.
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.
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 Man Sang Chen and Pui Shan Ho. 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. Ms Ho also owns PTES 928 Pty Ltd.
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.
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.
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.
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.
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.
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, Mr Roach 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Fair Work Ombudsman
The Fair Work Ombudsman has commenced legal action against Louise Maree Melotte and Travis Francis Melotte, a married couple who operated Hotel Frangos and Café Koukla in Daylesford, Victoria. They are accused of 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.
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.
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.
Fair Work Ombudsman
Yeon Beauty Salon Pty Ltd, trading as ‘Yeon Art Hair’ in Eastwood, Sydney, and its sole director and manager, Mi Yeon Ha, underpaid a South Korean employee between 2015 and 2019. The employee worked as a hairdresser and was sponsored by the company on a subclass 457 visa. She was required to make unlawful cashback payments to Ms Ha 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.
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.
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.
Fair Work Ombudsman
JMSL Pty Ltd, a former franchisee of The Coffee Club in Geelong, Victoria, and its sole director, Edison Peng, 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 Mr Peng about workplace law obligations.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.