2018 - 2019 enforceable undertakings

Find the enforceable undertakings the Fair Work Ombudsman has entered into during 2018-2019.

Cherries Farm Employment Agency Pty Ltd

Date of undertaking: June 2019

Cherries Farm Employment Agency Pty Ltd entered into an EU with us after they admitted to underpaying a Chinese student by $12,933 from July 2017 to April 2018. The employee was paid $15 per hour, instead of the minimum pay rates, penalties, loadings and overtime under the Food Manufacturing Award.

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Baxi Health Wholesale Pty Ltd

Date of undertaking: June 2019

Baxi Health Wholesale Pty Ltd entered into an EU with us when investigations found that between December 2016 and November 2018, 3 employees were underpaid the minimum rates for ordinary hours, casual loadings and weekend penalty rates under the General Retail Industry Award 2010. The employees, all visa-holders, were underpaid a total of $36,546. The business also failed to issue proper pay slips and keep proper employment records.

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Global Interactive Operations Pty Ltd

Date of undertaking: June 2019

Global Interactive Operations Pty Ltd entered into an EU with us when investigations found that between July 2016 and February 2019 the employer failed to pay casual workers their minimum casual loading. They also failed to pay penalty rates for evening, overtime and public holiday hours.

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Sea One North Pty Ltd

Date of undertaking: June 2019

Sea One North Pty Ltd entered into an EU with the Fair Work Ombudsman when investigations found that between May 2014 and February 2018 the company made unlawful fortnightly deductions from the pay of thirteen 457 visa workers, totalling $58,025. The Fair Work Ombudsman also recovered $7,914.87 in unpaid penalty rates and annual leave entitlements.

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Café Touchwood Pty Ltd

Date of undertaking: June 2019

Café Touchwood Pty Ltd entered into an EU with the Fair Work Ombudsman when our investigations found the company paid unlawfully low flat rates between January and April 2018. This led to underpayments of 17 part-time employees’ minimum rates for ordinary hours, overtime, and weekend and public holiday penalty rates under the Restaurant Industry Award 2010.

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Cafecino Enterprise Pty Ltd

Date of undertaking: June 2019

Cafecino Enterprise Pty Ltd, trading as A Minor Place, entered into an EU with the Fair Work Ombudsman when our investigations found the company paid unlawfully low flat rates between January and April 2018. This led to underpayments of 9 part-time employees’ minimum rates for ordinary hours, overtime, and weekend and public holiday penalty rates under the Restaurant Industry Award 2010.

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POSnet Pty Ltd and ECNEsoft Pty Ltd

Date of undertaking: May 2019

POSnet Pty Ltd and ECNEsoft Pty Ltd entered into an undertaking with us after a Fair Work Ombudsman investigation found the two companies paid unlawfully low flat rates to the two workers, who were each employed for 12 months between July 2016 to October 2017. The investigation also found that POSnet breached the National Minimum Wage Order and its annual leave pay obligations, as well as failing to provide pay in lieu of notice of termination.

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Super Max Coffee Pty Ltd

Date of undertaking: May 2019

Super Max Coffee Pty Ltd (trading as Mitte Café) entered into an undertaking with us after a Fair Work Ombudsman investigation found the company failed to pay workers minimum casual loadings, overtime rates and penalty rates for weekends and public holidays under the Restaurant Industry Award.

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Kings Natural Healthcare Pty Ltd

Date of undertaking: May 2019

Kings Natural Healthcare Pty Ltd entered into an undertaking with us after a Fair Work Ombudsman investigation found it underpaid 22 employees at the company’s massage centres. Employees were paid a percentage of each massage they provided, rather than the lawful minimum wage for each hour worked. This resulted in underpayment of the minimum weekly wage, overtime rates, casual loadings and penalty rates for weekend and public holiday work they were entitled to under the Health Professionals and Support Services Award 2010.

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Agri-Labour Australia Pty Ltd

Date of undertaking: April 2019

Agri-Labour Australia Pty Ltd entered into an undertaking with us after a Fair Work Ombudsman investigation found it had failed to correctly compensate tomato pickers for their individual work under a piecework agreement. This resulted in underpayment of 19 nationals of Vanuatu employed under the Seasonal Worker Programme.

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Saffron Indian Gourmet Pty Ltd

Date of undertaking: March 2019

Saffron Indian Gourmet Pty Ltd entered into an undertaking with us after a Fair Work Ombudsman investigation determined it underpaid 22 workers at its restaurant. Most affected employees were visa holders and 14 were international students. Workers were paid flat hourly rates leading to underpayment of the ordinary hourly rates, casual loadings, and weekend and public holiday penalty rates under the Restaurant Industry Award.

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Phat Elephant Pty Ltd

Date of undertaking: February 2019

Phat Elephant Pty Ltd entered into an undertaking with us after we determined they underpaid three international students. resulting in underpayment of the ordinary hourly rates, casual loadings and weekend penalty rates they were entitled to under the Restaurant Industry Award 2010.

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New Field Education Group Pty Ltd

Date of undertaking: 13 December 2018

New Field Education Group Pty Ltd entered into an undertaking with us after we determined they underpaid two graduates, misclassifying the two workers as interns. This resulted in underpayments of the ordinary hourly rate, casual loading, weekend penalty rates and annual leave entitlements under the Clerks – Private Sector Award 2010.

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Delron Cleaning Pty Ltd

Date of undertaking: 26 November 2018

Delron Cleaning Pty Ltd entered into an undertaking with us after we determined that they underpaid their workforce. The underpayments were related to failures to pay correct overtime and shift work penalties, and part time and broken shift allowances, as required under the Cleaning Services Award 2010.

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Oriental Food Australia Pty Ltd

Date of undertaking: 25 October 2018

Oriental Food Australia Pty Ltd entered into an undertaking with us after we determined that they underpaid three Chinese workers by failing to pay correct minimum rates, weekend and public holiday rates and clothing allowances. We also determined that they failed to provide a copy of the Fair Work Information Statement and rest and meal breaks.

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Veracity Property Services Pty Ltd

Date of undertaking: 30 July 2018

Veracity Property Services Pty Ltd entered into an undertaking with us after we determined that they underpaid visa holders by failing to pay correct minimum rates, afternoon shift work penalty rates, part-time loadings and minimum engagement entitlements. 

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