2014 to 2015 litigation outcomes

This section provides information on our litigation outcomes for the 2014 to 2015 financial year.

We use legal activities as one way to achieve compliance with Australian workplace laws. These activities are part of a broader compliance system that makes sure employers and employees comply with these laws.

July 2014 to June 2015

Grandcity (GW) Travel & Tour Pty Ltd & Anor

Date: 26 June 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayments and general protections - sham contracting

Penalty: $192,840.00 against Grandcity (GW) Travel & Tour Pty Ltd and $35,496.00 against Na Xu

Decision: FWO v Grandcity (GW) Travel & Tour Pty Ltd & Anor

FWO v Grandcity (GW) Travel & Tour Pty Ltd & Anor - AUSTLII

A.C.N. 156 455 828 Pty Ltd & Anor

Date: 19 June 2015

Court: Federal Circuit Court

Nature of Proceedings: Failure to comply with a compliance notice and failure to comply with a notice to produce

Penalty: $55,000.00 against ACN 156 455 828 Pty Ltd trading as Trek North Tours and $12,000.00 against Leigh Alan Jorgensen

DecisionFWO v Trek North Tours & Anor (No.2)

FWO v Trek North Tours & Anor (No.2) - AUSTLII

Rainbow Paradise Preschool Childhood Development and Education Long Day Care Centre Pty Ltd & Anor

Date: 19 June 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayments and failure to comply with a notice to produce

Penalty: $7019.00 against Rainbow Paradise Preschool and $7019.00 against Gina Moelau

Decision: FWO v Rainbow Paradise Preschool & Anor

FWO v Rainbow Paradise Preschool & Anor - AUSTLII

Mark Edward Myles

Date: 5 June 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayments and General Protections

Penalty: $28,900.00 against Mark Edward Myles

Decision: FWO v Mark Edward Myles

FWO v Mark Edward Myles - AUSTLII

Mordel Pty Ltd & Anor

Date: 18 May 2015

Court: Federal Circuit Court

Nature of Proceedings: Failure to comply with a compliance notice

Penalty: $75,000.00 against Mordel Pty Ltd, $15,000.00 against Douglas Charles Kidd

DecisionFWO v Mordel Pty Ltd & Anor

FWO v Mordel Pty Ltd & Anor - AUSTLII

D'Adamo Nominees Pty Ltd (No. 4)

Date: 8 May 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayments

Penalty: $0.00 against D'Adamo Nominees Pty Ltd - our application was dismissed by the Court

Decision: FWO v D'Adamo Nominess Pty Ltd (No. 4)

FWO v. D'Adamo Nominess Pty Ltd (No. 4) - AUSTLII

Devine Marine Group Pty Ltd & Ors

Date: 22 April 2015

Court: Federal Court

Nature of Proceedings: Underpayment and failure to comply with a notice to produce

Penalty: $8000.00 against Brett Barry Devine

Decision: FWO v Devine Marine Group Pty Ltd & Ors

FWO v Devine Marine Group Pty Ltd & Ors - AUSTLII

Hair Industrie Erina Pty Ltd & Anor, House of Colour @ Hurstville Pty Ltd and The House of Colour @ Shellharbour

Date: 15 April 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $80,000.00 against Hair Industrie Erina Pty Ltd, $20,000.00 against Nelvin Lal, $40 000.00 against House of Colour @ Hurstville Pty Ltd and $22,000.00 against The House of Colour @ Shellharbour

Decision: Judge Driver handed down judgement in the matter, however His Honour indicated that he did not intend to issue written reasons in the matters.

Offshore Marine Services Pty Ltd & Anor

Date: 27 March 2015

Court: Federal Court

Nature of Proceedings: General protections FOA

Penalty: $79,200.00 against Maritime Union Australia, compensation to be paid to Mr Love in the amount of $352,100.00 and compensation to be paid to Mrs Love in the amount of $371,200.00

DecisionFWO v Offshore Marine Services Pty Ltd & Anor

FWO v Offshore Marine Services Pty Ltd & Anor - AUSTLII

Darna Pty Ltd and Anor

Date: 27 March 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $17,850.00 against Darna Pty Ltd and $4590.00 against Yoav Oren

Decision: FWO v Darna Pty Ltd & Anor

FWO v Darna Pty Ltd & Anor - AUSTLII

Viper Industries Pty Ltd & Anor

Date: 4 March 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $20,400.00 against Viper Industries Pty Ltd and $4080.00 against Jack Younes

Decision: FWO v Viper Industries Pty Ltd & Anor

FWO v Viper Industries Pty Ltd & Anor - AUSTLII

Stepping Stones Child Care Centre (NSW) Pty Ltd and Anor

Date: 4 March 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $12,000.00 against Stepping Stones Child Care Centre (NSW) Pty Ltd and $3000.00 against Ailsa Tavendale

Decision: FWO v Stepping Stones Child Care Centre (NSW) Pty Ltd & Anor

FWO v Stepping Stones Child Care Centre (NSW) Pty Ltd & Anor - AUSTLII

Global Work and Travel Co Pty Ltd & Ors

Date: 24 February 2015

Court: Federal Circuit Court

Nature of Proceedings: Sham contracting and underpayment

Penalty: $60,018.75 against Global Work and Travel Co Pty Ltd, $56,306.25 against Global Work & Travel Co (Australia) Pty Ltd, $11,261.25 against Carly Deborah Himmelman and Pierre Michael Himmelman and $12,003.75 against Pierre Michael Himmelman

Decision: FWO v Global Work and Travel Co Pty Ltd & Ors

FWO v Global Work and Travel Co Pty Ltd & Ors - AUSTLII

The Hub @ Mermaid Pty Ltd & Anor

Date: 17 February 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $70,000.00 against The Hub @ Mermaid Pty Ltd and $14,500.00 against Graham John Bell

Decision: FWO v The Hub @ Mermaid Pty Ltd

FWO v The Hub @ Mermaid Pty Ltd

Crocmedia Pty Ltd

Date: 29 January 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $24,000.00

Decision: FWO v Crocmedia Pty Ltd

FWO v Crocmedia Pty Ltd - AUSTLII

Longridge Group Pty Ltd

Date: 28 January 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $29,790.00

Decision: FWO v Longridge Group Pty Ltd

FWO v Longridge Group Pty Ltd - AUSTLII

Sona Peaks Pty Ltd & Anor

Date: 23 January 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $12,500.00 against Sona Peaks Pty Ltd and $3000.00 against David Anderson

Decision: FWO v Sona Peaks Pty Ltd & Anor

FWO v Sona Peaks Pty Ltd & Anor - AUSTLII

Absynthe Restaurant Pty Ltd & Anor

Date: 23 January 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $12,750.00 against Absynthe Restaurant Pty Ltd and $2550.00 against Meyjitte Boughenout

Decision: FWO v Absynthe Restaurant Pty Ltd

FWO v Absynthe Restaurant Pty Ltd & Anor - AUSTLII

Primeage Pty Ltd & Ors

Date: 23 January 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $80,000.00 against Primeage Pty Ltd and $17,500.00 against Tsinman Fu and $13,000.00 against Ping Ostrovskih

Decision: FWO v Primeage Pty Ltd & Ors

FWO v Primeage Pty Ltd & Ors - AUSTLII 

OHMedia Melbourne Pty Ltd & Anor

Date: 23 January 2015

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $85,000.00 against OHMedia Melbourne Pty Ltd and $15,000.00 against Wen Zhou

Decision: FWO v OHMedia Melbourne Pty Ltd & Anor

FWO v OHMedia Melbourne Pty Ltd & Anor - AUSTLII

ECFF Pty Ltd & Ors

Date: 24 December 2014

Court:  Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $70,000.00 against ECFF Pty Ltd, $15,000.00 against Priscilla Lam and $15,000.00 against David Lam

Decision: FWO v ECFF Pty Ltd & Ors

FWO v ECFF Pty Ltd & Ors - AUSTLII

Jay Group Services Pty Ltd & Ors

Date: 19 December 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $190,245.00

Decision: FWO v Jay Group Services Pty Ltd & Ors

FWO v Jay Group Services Pty Ltd & Ors - AUSTLII

Westlink International Pty Ltd & Anor

Date: 12 December 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $66,000.00 against Westlink International Pty Ltd and $9900.00 against Brian O’Halloran

Decision: FWO v Westlink International Pty Ltd & Anor

FWO v Westlink International Pty Ltd & Anor - AUSTLII

Wedderburn Petroleum Pty Ltd

Date: 20 November 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty:  $123,915.00

Decision: FWO v Wedderburn Petroleum Pty Ltd

WO v Wedderburn Petroleum Pty Ltd - AUSTLII

Anahata Naturals Pty Ltd

Date: 12 November 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and Failure to comply with Compliance Notice

Penalty: $15,300.00 against Anahata Naturals Pty Ltd and $3542.00 against Megha Sood

Decision: FWO v Anahata Naturals Pty Ltd & Anor

FWO v Anahata Naturals Pty Ltd & Anor - AUSTLII

Daladontics (Vic) Pty Ltd

Date: 7 November 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $38,250.00

Decision: FWO v Daladontics (Vic) Pty Ltd

FWO v Daladontics (Vic) Pty Ltd - AUSTLII

Fardin Soleimani & Beverly Soleimani

Date: 7 November 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayments

Penalty: $19,805.00 against Fardin Soleimani and $19,805.00 against Beverly Soleimani

DecisionFWO v Fardin Soleimani & Anor

FWO v Fardin Soleimani & Anor - AUSTLII

Quincolli Pty Ltd and Potter

Date: 18 February 2013 and 7 November 2014

Court: Federal Circuit Court and Federal Court (Appeal)

Nature of Proceedings: Underpayment

Penalty: $107,500.00

Decisions: FWO v Quincolli Pty Ltd & Anor

FWO v Quincolli Pty Ltd & Anor - AUSTLII

Potter v FWO

Potter v FWO - AUSTLII

Lifestyle SA Pty Ltd

Date: 31 October 2014

Court: Federal Court

Nature of Proceedings: Underpayment

Penalty: $196,000.00 against Lifestyle SA Pty Ltd

DecisionFWO v Lifestyle SA Pty Ltd

WO v Lifestyle SA Pty Ltd - AUSTLII

Barry Scott Distributors Pty Ltd

Date: 31 October 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayment and failure to comply with Compliance Notice

Penalty: $79,942.00 against Barry Scott Distributors Pty Ltd and $15,048.00 against Ian Andrews

DecisionFWO v Barry Scott Distributors Pty Ltd

FWO v Barry Scott Distributors Pty Ltd - AUSTLII

Cuts Only the Original Barber Pty Ltd & Ors

Date: 22 October 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $50,160.00 against Cuts Only the Original Barber Pty Ltd, $10,032.00 against Paul Salter and $10,032.00 against George Dimaris

Decision FWO v Cuts Only The Original Barber Pty Ltd & Ors

FWO v Cuts Only The Original Barber Pty Ltd & Ors - AUSTLII

World Gym Sunshine Pty Ltd & Anor

Date: 19 September 2014

Court: Federal Circuit Court

Nature of Proceedings: Failure to comply with Fair Work Commission Order

Penalty: $41,182.50 against World Gym Sunshine Pty Ltd & $6426.00 against Wayne George Mailing

DecisionFWO v World Gym Sunshine Pty Ltd & Ors

FWO v World Gym Sunshine Pty Ltd & Ors - AUSTLII

Vivien Mahomet (t/as Academy for Kids)

Date: 15 September 2014

Court: Federal Circuit Court

Nature of Proceedings: Underpayment

Penalty: $19,980.00 against Vivien Mahomet

Decision: FWO v Vivien Mahomet (t/as) Academy for Kids 

FWO v Vivien Mahomet (t/as) Academy for Kids - AUSTLII

Crystal Carwash Café Pty Ltd & Ors

Date: 7 August 2014

Court: Federal Court

Nature of proceedings: Underpayment

Penalty: $70,000.00 against Crystal Carwash Café Pty Ltd, $10,000.00 against Anthony Sahade and $10,000.00 against Peter Khouri

Decision: Crystal Carwash Café Pty Ltd & Ors

FWO v Crystal Carwash Cafe Pty Ltd (No 2) - AUSTLII