Where there are allegations of serious non-compliance and it’s in the public interest, we may decide to publish our findings following compliance activities involving particular businesses. This would be considered in line with our role of ensuring compliance with Australian workplace laws by enhancing general and specific deterrence.
Download and read our Activity reports:
Food precincts: compliance activity report
Release date: December 2019
The FWO audited 156 businesses in popular food precincts in 4 locations as part of a compliance activity (The Activity). The Activity was initiated owing to high employer non-compliance rates and the vulnerability of workers within the fast food, restaurant and café (FRAC) sector.
The Activity found a 75% non-compliance rate with most areas of non-compliance relating to payment of minimum hourly wage, payslips and penalty rates. The Activity resulted in 46 contravention letters, 38 formal cautions, 34 infringement notices and 13 compliance notices. It recovered $316,674 for 608 employees from 79 businesses.
Read the Food Precincts Activity Report #2 (DOCX 169.7KB) (PDF 295.2KB)
Read the media release: Over $300,000 returned to fast food, restaurant and café workers
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Cleaning supply chains in Victorian Government schools: compliance activity report
Release date: November 2019
In late 2017, the Fair Work Ombudsman (FWO) investigated cleaning companies working in 10 Victorian Government schools. The cleaning companies were procured directly by the schools via a Department of Education and Training (DET) approved panel of suppliers.
27 employees were underpaid due to being paid a flat rate for all hours worked and/or incorrect penalty rates. The smallest underpayment for a single worker was $26.39, and the highest was $2223.54.
We took the following compliance and enforcement actions:
- 3 formal cautions
- 14 infringement notices
- 4 compliance notices
- 1 enforceable undertaking.
Read the Cleaning supply chains in Victorian Government schools: compliance activity report (DOCX 156.2KB) (PDF 619.3KB)
Read the media release: FWO recovers entitlements for school cleaners
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Commonwealth Games: compliance activity outcomes
Release date: June 2019
The FWO investigated 9 employers as part of the Commonwealth Games Compliance Activity. The Activity was initiated to test the levels of compliance by employers providing general security services at the Gold Coast 2018 XXI Commonwealth Games.
The Activity found varying levels of non-compliance relating to penalty rates, record-keeping and payslip requirements, paying employees on time and in full, and frequency of payment provisions. The Activity resulted in 8 contravention letters, a Formal Caution and 4 Infringement Notices. It recovered $24 309.79 for 10 security officers from 5 employers.
Read the Commonwealth Games Compliance Activity Report (DOCX 73.5KB) (PDF 435.2KB)
Read the media release: Commonwealth Games security guards underpaid
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Sushi enterprises: compliance activity outcomes
Release date: October 2018
The FWO investigated 45 regional sushi eateries, as part of a compliance activity (The Activity). The Activity was in response to a high number of requests for assistance from vulnerable workers in regional sushi restaurants.
The Activity found non-compliance with the Fair Work Act 2009 at 39 businesses and resulted in 15 formal cautions, 6 compliance notices, 9 infringements notices, 1 enforceable undertaking and legal proceedings commenced against six employers. The Activity recovered $797 063 for 406 workers.
Read the Report on compliance activity involving sushi enterprises (PDF 906.4KB) (DOCX 619.3KB).
Read the media release: FWO recovers nearly $800,000 for sushi workers in NSW, QLD and the ACT
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Degani Bakery Cafe: compliance activity outcomes
Release date: August 2018
The FWO investigated 16 Degani cafes, as part of a compliance activity (The Activity). The Activity was in response to a high number of requests for assistance from Degani Bakery and Café workers alleging underpayment.
The Activity found serious non-compliance with the Fair Work Act 2009 at 15 stores, with only 1 store meeting workplace obligations. The Activity resulted in 10 formal cautions, 8 compliance notices, 5 infringements notices, 1 enforceable undertaking and 1 litigation.
Read the Degani Bakery Cafe Activity Report (PDF 822.1KB).
Read the media release: Degani Bakery and Cafe compliance report.
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Caltex retail fuel outlets: compliance activity outcomes
Release date: March 2018
The FWO investigated 25 Caltex retail stores nationally, as part of a compliance activity (the Activity). The Activity was in response to a number of concerns the FWO had about underpayments and other non-compliance issues within the Caltex network of franchise-operated stores.
The Activity found significant non-compliance with Commonwealth workplace laws contained in the Fair Work Act 2009 and the relevant modern award, the Vehicle Manufacturing, Repair, Services and Retail Award.The Activity resulted in a number of enforcement outcomes, including 16 formal cautions, 9 infringement notices, 11 compliance notices and 2 litigations.
Read the Caltex Compliance Activity Report (PDF 650.5KB)
Read our media release: FWO Report finds three quarters of Caltex sites breaching workplace laws
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United Petroleum retail fuel outlets: Summary of compliance activity outcomes
Release date: April 2017
The FWO has received a number of requests for assistance from United Petroleum franchise and commission agent employees over the years alleging underpayment of wages and conditions. Following media coverage in September 2015 raising new allegations regarding underpayments, we initiated a compliance activity (the Activity) to assess United Petroleum fuel outlets compliance with workplace laws. The Activity included assessing the level of compliance by United Petroleum, its associated entities, franchisees and commission agents by checking a sample of 12 United Petroleum sites.
The Activity found employees of United Petroleum had been underpaid and that United Petroleum did not have any process or system in place to test whether its franchisees or commission agents were paying employees correctly or applying the modern award correctly. The Activity resulted in a number of enforcement outcomes, including 2 enforceable undertakings, 2 compliance notices and 3 letters of caution.
Read the Fair Work Ombudsman's Activity Report on United Petroleum retail fuel outlets (PDF 188.5KB)
Read our media release: Fair Work Ombudsman report reveals widespread worker exploitation at United Petroleum outlets
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Pizza Hut franchisee delivery drivers: Summary of compliance activity findings
Release date: January 2017
As a result of receiving a number of requests for assistance, combined with media coverage in November 2015 about alleged underpayments, we initiated a compliance activity (the Activity) into Pizza Hut’s workplace arrangements with its delivery drivers. We reviewed the records of the 34 randomly selected franchisees.
The Activity identified a number of issues in franchisees including non-compliance, misclassification of delivery drivers and underpayments, and found that Pizza Hut didn’t have any process or system in place to test whether their franchisees were applying the relevant industrial instrument correctly. The Activity resulted in a number of enforcement outcomes against 23 non-compliant franchisees as well as the offer of an opportunity to enter into a compliance partnership for the franchisor, Pizza Hut.
Read the Fair Work Ombudsman's Activity Report on Pizza Hut outlets (PDF 928.7KB)
Read our media release: Fair Work Ombudsman report reveals non-compliance in major fast-food franchise
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