1 July 2011 - 30 June 2012
Buxton (Sandringham) Pty Ltd
Date of undertaking: 13 March 2012
Nature proceedings: Discrimination.
Additional obligations: Workplace apology, compensation, develop new recruitment and termination policies, commission workplace relations compliance training for its directors and alert other Buxton Group franchisees to its breach.
Copy of undertaking: Buxton (Sandringham) Enforceable Undertaking (pdf 645KB) 
BPL Adelaide Pty Limited
Date of undertaking: 15 December 2011
Nature proceedings: Wages and conditions.
Amount of underpayment: $57 940.38
Additional obligations: Future compliance, workplace apology, public notice, preparation of workplace relations compliance manual, workplace relations compliance training, future auditing and reporting to FWO for three years.
Copy of undertaking: Baiada Enforceable Undertaking (pdf 119KB)
Super A-Mart Pty Ltd
Date of undertaking: 17 October 2011
Nature proceedings: Wages and conditions.
Amount of underpayment: $1 376 284.00
Additional obligations: a commitment by Respondents to ensure future workplace compliance; implement systems and processes to ensure compliance and report on these to the FWO; pay all outstanding amounts owing to employees (or to the Commonwealth of Australia to hold amount in trust if employee location unknown) within 2 months; write to all employees advising of the EU and providing an apology for the contraventions; conduct a paid meeting for employees to explain the rectification of the underpayment; pay an amount of $120,000 to the Working Women’s Centre Queensland within 14 days; issue a memo to all employees detailing the contraventions and outcome within 28 days; place details of the contravention and outcome on the Super-A-Mart Pty Ltd website; place a notice in the Australian Newspaper detailing the contraventions and outcomes within 28 days; commission the preparation of a workplace compliance manual for distribution to officers and employees; organise and ensure all managers attend a training course (and provide evidence of attendance) advising of rights and responsibilities of employers under the FW Act within 2 months; provide the training materials for the training course to the FWO for approval 14 days prior to the training course; ensure an audit (by an accountant or audit specialist) of compliance with Commonwealth workplace laws is completed on an annual basis for 3 years and provide a report of each audit to the FWO within 7 days of being finalised.
Copy of undertaking: Enforceable Undertaking Super-A-Mart Pty Ltd (pdf 258KB)
Mr Sadamatsu Katsuyoshi
Date of undertaking: 5 September 2011
Nature proceedings: Failure to pay fairness test compensation and failure to make and keep pay records
Additional obligations: Ensure future compliance with Commonwealth workplace laws and regulations; pay the outstanding underpayments in accordance with an agreed payment plan; send a written apology to all affected employees in the form agreed with the FWO; place a notice on the Facebook “wall” of Masuya Group in the form agreed with the FWO; participate in workplace relations compliance training; report to the FWO for the next 3 years in relation to wages, classifications and compliance measures in respect of any employees employed over the reporting period.
Copy of undertaking:
Enforceable Undertaking O’Connell Trading Pty Ltd (pdf 1.45MB)
Enforceable Undertaking Cnr Campbell Trading Pty Ltd (pdf 1.42MB)
Enforceable Undertaking Victoria Ave Trading Pty Ltd (pdf 1.41MB)
Enforceable Undertaking Cnr Pitt Trading Pty Ltd (pdf 1.40MB)
Ivanho & Kew Pty Ltd & Woon Lan Melissa Kew
Date of undertaking: 2 September 2011
Nature proceedings: Wages and conditions
Additional obligations: a commitment by the Respondents to ensure future compliance; participation in workplace relations compliance training (this has already occurred with Ms Kew attending a VHIA training course in November 2010); provision of an apology to the complainant; withdrawal of the part-time employment agreement previously offered and alerting their remaining employee (1) that their conditions of employment are contained in the Modern Award (the Employer has already withdrawn the part-time employment agreement and advised their one remaining employee about the Modern Award); and rectification of any potential underpayments to former employees and provision to FWO of evidence of such audit (the Employer has already commenced this audit and provided calculations to FWO of underpayments of approximately $800 to one employee and $900 to the other former employee).
Copy of undertaking: Enforceable Undertaking Ivanho Kew Pty Ltd (pdf 639KB)
Joyson Orchards Pty Ltd and Mark William Joyce
Date of undertaking: 19 August 2011
Nature proceedings: Wages and conditions
Amount of underpayment: $195 187.56
Additional obligations: Ensure future compliance with Commonwealth workplace laws and applicable modern awards; place public notices in local papers distributed in the area of each SA Orchard affected by the contraventions seeking contact from any employees who may have outstanding entitlements held by the Collector of Public Monies; participate in workplace relations compliance training; arrange an external audit of Joyson Orchards’ workplace relations compliance for the next 3 years; report to FWO on the outcome of the audit activity; report to FWO regarding attempts to locate previous employees; and cooperation with any future investigations undertaken by the FWO.
Copy of undertaking: Enforceable Undertaking Joyson Orchards Pyty Ltd (pdf 1.25MB)
1 July 2010 - 30 June 2011
CMA Corporation Limited, CMA Recycling Pty Limited, CMA Assets Pty Ltd
Date of undertaking: 15 June 2011
Nature of proceedings: Wages and conditions
Amount of underpayment: $138,019.80
Additional obligations: commitment to future compliance; apology letter; memo to employees; public notice on website for 30 days; preparation of workplace compliance manual; workplace relations compliance training; and reporting to FWO for two years.
Copy of undertaking: Enforceable Undertaking FWO and CMA Corporation Limited & Ors (pdf 814KB)
Fueltown Motors Pty Ltd (Fueltown), Arthur Nestor, Tom Nestor, Brooke Nestor and Jennifer Tomkinson
Date of undertaking: 24 May 2011
Nature of proceedings: Wages and conditions
Amount of underpayment: $175,266.21
Additional obligations: Ensure all underpaid workers are repaid by the end of August this year, Take-out a newspaper advertisement apologising to the underpaid workers, Report to the Fair Work Ombudsman on systems they have developed to ensure their businesses comply with workplace laws in future, participate in workplace relations compliance training, provide the Fair Work Ombudsman with an independent audit report each year for the next three years confirming their businesses are complying with workplace laws, and report to the Fair Work Ombudsman on their attempts to find underpaid workers who have not yet been located.
Copy of undertaking: Fueltown Motors Pty Ltd Enforeceable Undertaking (pdf 631KB)
Employer: ACN 090 444 518 Pty Ltd, Michael David Hibberd and Gregory Laurence Prescott
Date of undertaking: 12 May 2011
Nature of proceedings: Wages and conditions
Amount of underpayment: $87 997.05
Additional obligations: A commitment by the Respondents to ensure future compliance; a public notice to be placed in the Saturday edition of the Mercury newspaper regarding the underpayments; participation in workplace relations compliance training;the Respondents to fund the production of 250 information packs about employee rights under the FW Act to be distributed to TAFE hospitality students (capped at cost of $500); future auditing and reporting to FWO regarding the other businesses operated by the Employer and future reporting to FWO regarding attempts to locate previous employees.
Copy of undertaking: Hibberd and Prescott Enforceable Undertaking (pdf 727KB)
Employer: Signature Portrait Studios Pty Ltd
Date of undertaking: 28 March 2011
Nature of Proceedings: Sham contracting and non payment of wages
Amount of underpayments: $4200 as compensation to 2 employees ($3950 and $250)
Additional obligations: $200 donation to Kingsford Community Legal Centre, apology.
Copy of undertaking: Signature Portrait Studios Pty Ltd Undertaking (pdf 678KB)
Employer: CFC Retail Pty Ltd
Date of undertaking: 4 March 2011
Nature of Proceedings: Wages and conditions
Amount of underpayments: $464,289.21 to 265 employees
Additional obligations: Rectification of all outstanding underpayments, future compliance, letter of apology to affected employees, paid meeting of affected employees, public notice to be placed in newspaper, workplace notice, future reporting to the Fair Work Ombudsman.
Copy of undertaking: CFC Retail Pty Ltd Undertaking (pdf 478KB)
Employer: Coles Supermarkets Australia Pty Ltd
Date of undertaking: 3 March 2011
Nature of proceedings: pregnancy discrimination
Amount of underpayments: $30,401.56 to 56 affected employees
Additional obligations: rectification to affected employees, apologies to affected employees, workplace notice, training, amendment to policies, audit of past practices, $20,000 donation to Job Watch
Copy of undertaking: Coles Pty Ltd Undertaking(pdf 660MB)
Employer: Ascot Haulage (NT) Pty Ltd and Northern Territory Freight Services Pty Ltd
Date of undertaking: 15 February 2011
Nature of proceedings: Wages and conditions, time and wage records, agreement-making (no ready access before vote, no reasonable opportunity to approve collective agreement before lodgment)
Amount of Underpayment (if any): $19,227.62
Additional obligations: Future compliance, rectification of underpayments, paid meeting with explanations to affected employees, letter of apology to affected employees explaining the corrected annual leave arrangements, reporting to FWO providing documentary proof and human resources training.
Copy of undertaking: Ascot Haulage Pty Ltd Undertaking (pdf 813MB)
Employer: eJack Pty Ltd
Date of undertaking: 21 January 2011
Nature of proceedings: Wages and conditions
Amount of Underpayment (if any): $137,983.63 - as at 1 Nov 2010 paid back $44,716.56
Additional obligations: Making good the outstanding underpayment, letter of apology to affected employees, paid meeting of affected employees, compliance training, future reporting to the Fair Work Ombudsman.
Copy of undertaking: eJack Pty Ltd Undertaking (pdf 113KB)
Employer: Toys R Us Pty Ltd
Date of undertaking: 21 January 2011
Nature of proceedings: Wages and conditions
Amount of Underpayment (if any): $998,000
Additional obligations: Future compliance, letter of apology to affected employees, self-funded training of key personnel and self-funded audit by relevant industry association to determine ongoing compliance.
Copy of undertaking: Toys R Us (Australia) Pty Ltd Undertaking (pdf 1.6MB)
Employer: Kingrise Corporation Pty Ltd
Date of undertaking: 8 November 2010
Nature of proceedings: Wages and conditions
Amount of Underpayment (if any): $41,689.99
Additional obligations: Future compliance, letter of apology to affected employees, self-funded training of key personnel and self-funded audit by relevant industry association to determine ongoing compliance.
Copy of Undertaking: Kingrise Corporation Pty Ltd Undertaking (pdf 279KB)
Employer: Irvine's Transport (Pt. Pirie) Pty Ltd
Date of undertaking: November 2010
Nature of proceedings: Wages and conditions
Amount of underpayment (if any): $144,464.96
Additional obligations: Future compliance, letter of apology to employees, verbal explanation to affected employees, public notice, self-funded training of key personnel, future reporting to the Fair Work Ombudsman.
Copy of Undertaking: Irvine's Transport Pty Ltd Undertaking (pdf 401KB)
1 July 2009 - 30 June 2010
Employer: Cotton On Services Pty Ltd
Date of undertaking: 3 June 2010
Nature of proceedings: Wages and Conditions, Time and Wages Records
Amount of Underpayment (if any): $278,126.46
Additional obligations: Future compliance, written apology to employees, public notices, future reporting to the Fair Work Ombudsman and human resources training.
Copy of Undertaking: Cotton On Services Group Pty Ltd Undertaking (pdf 295KB)
Employer: P&O Automotive and General Stevedoring Pty Ltd
Date of undertaking: 28 May 2010
Nature of proceedings: Industrial Action
Amount of Underpayment (if any): N/A
Additional obligations: Future compliance, self-funded staff and management training, written explanations to affected employees
Copy of Undertaking: P&O Undertaking (pdf 438KB)
Employer: Mission Australia
Date of undertaking: 28 May 2010
Nature of proceedings: Agreement-making (non-lodgement of AWAs & ITEAs)
Amount of Underpayment (if any): N/A
Additional obligations: Future compliance, self-funded management training, rectification of underpayments, written and verbal explanations to affected employees (including contact details of a Fair Work Ombudsman officer to discuss the matter if required).
Copy of Undertaking: Mission Australia Undertaking (pdf 240KB)
Employer: Ajlan Pty Ltd
Date of undertaking: 7 May 2010
Nature of proceedings: Wages and conditions
Amount of Underpayment (if any): $52 574.73
Additional obligations: Future compliance, rectification of underpayments, written and verbal explanations to affected employees, public notices, future reporting to the Fair Work Ombudsman and human resources training.
Copy of Undertaking:Ajlan Pty Ltd Undertaking (pdf 385KB)