Here are some recent headlines for Australian business that have failed to meet their wage compliance obligations this month
Headline | Fair Work Ombudsman penalises SA pizzeria for a second time |
Industry | Fast Food Industry Award |
Name of Offender | The Valley Pizza / Mr Ziad Andary |
Outcome | $4,620 penalty |
Other comments | This was a case of deliberate non-compliance. The business came to the attention of Fair Work after a staff member notified the Ombudsman about their underpayment concerns. This was the second time the business had been penalised by Fair Work. |
Links | https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/July-2022/20220725-andary-second-penalty-media-release |
Headline | Serious Underpayment Contraventions by Queensland Bakery |
Industry | General Retail Industry Award 2010 |
Name of Offender | Allan James Beil / Brooke Beil |
Outcome | $11, 833 penalty |
Other comments | The Fair Work Ombudsman has secured $11,833 in penalties in court against the operators of a bakery in regional Queensland. In addition to the penalties, the Court has ordered Mr Beil to fully comply with the Compliance Notice by calculating and back-paying the outstanding entitlements owed to the worker, plus superannuation and interest. |
Links | https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/september-2022/20220916-beil-penalty-media-release#twitter |
Headline | Building Services operator penalised |
Industry | Building & Construction |
Name of Offender | Quang Dung Dinh |
Outcome | $4,662 penalty |
Other comments | Mr Dinh employed a labourer in January and February 2021. The worker went to Fair Work seeking assistance and this led to an investigation. Thereafter a Compliance Notice was issued. The lesson here is that Business Operators who fail to act on Compliance Notices need to be aware that they face serious penalties in addition to having to back pay workers. |
Links | https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/september-2022/20220916-qd-dinh-penalty-media-release#twitter |
Headline | Surprise inspections of restaurants & cafes in Melbourne |
Industry | General Retail Industry Award 2010 |
Name of Offender | N/A |
Outcome | N/A |
Other comments | The Fair Work Ombudsman is making surprise inspections of restaurants, cafés and fast food outlets in Melbourne’s inner west this week to ensure workers are being paid correctly. Fair Work Inspectors are in the popular dining districts to assess compliance with workplace laws by speaking with business owners, managers and employees and requesting records. Fast food, restaurant and café matters accounted for 36 per cent of the Fair Work Ombudsman’s new litigations in 2020-21. The FWO secured court-ordered penalties of $1,841,347 from litigation decisions in this sector. |
Links | https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/september-2022/20220915-inner-west-melbourne-food-precincts-media-release#twitter |
Headline | Fair Work Ombudsman continues farm inspections |
Industry | Agriculture |
Name of Offender | N/A |
Outcome | N/A |
Other comments | The Fair Work Ombudsman has continued to monitor workplace compliance in the agriculture sector with inspectors investigating more than 190 businesses in four states to ensure workers are getting the right pay.In December 2021, inspectors conducted site inspections in Coffs Harbour and Grafton. Out of 33 businesses, 20 (61 per cent) were non-compliant with workplace laws. Of these, 11 breached record-keeping and payslip obligations, leading inspectors to issue Infringement Notices (fines) that totalled $19,594. The Fair Work Ombudsman’s Agriculture Strategy began in December 2021 and was informed by engagement with sector stakeholders, including farmer and other employer representative bodies and unions. The FWO continues to consult regularly with these stakeholders. |
Links | https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/september-2022/20220908-agriculture-inspections-september-2022-media-release#twitter |
Headline | $3mil back-pay pledge from Victoria Disability Services Provider |
Industry | Disability Support / Aged Care |
Name of Offender | Community Living & Respite Services Inc (CLRS) |
Outcome | 391 current and former employees paid $3.17 mil |
Other comments | CLRS first identified underpayments during the process of the Fair Work Commission terminating the Enterprise Agreement that covered CLRS staff from 2010 to 2021 and CLRS staff transitioning to the Social, Community, Home Care and Disability Services Industry Award 2010.CLRS underpaid employees’ minimum wages between 2015 and 2021 due to its failure to correctly implement the Equal Remuneration Order made by the Fair Work Commission in 2012. The underpaid CLRS employees were primarily disability and aged care workers and included full-time, part-time and casual workers. They provided services to CLRS clients in residential homes and care facilities. |
Links | https://www.fairwork.gov.au/newsroom/media-releases/2022-media-releases/september-2022/20220902-clrs-eu-media-release#twitter |