2018 - 2019 litigation outcomes
This section provides information on our litigation outcomes for the 2018 - 2019 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 2018 - June 2019
Fair Work Ombudsman v Sushi Bay ACT Pty Ltd and Rebecca Jeong Shin
Date: 28 June 2019
Nature of Proceedings: Underpayments
Penalty: $124,416 ($103,680 against Sushi Bay ACT Pty Ltd and $20,736 against Rebecca Jeong Shin)
Decision: Fair Work Ombudsman v Sushi Bay Act Pty Ltd & Anor [2019] FCCA 1669 (28 June 2019) 
Fair Work Ombudsman v Safecorp Security Group Pty Ltd and John Lohr
Date: 28 June 2019
Nature of Proceedings: Underpayments and failure to issue payslips or keep records
Penalty: $39,090 (against John Lohr only)
Decision: Fair Work Ombudsman v Safecorp Security Group Pty Ltd & Anor (No.3) [2019] FCCA 1756 (28 June 2019)
Fair Work Ombudsman v Indian Food Catering Pty Ltd and Dharma Reddy Gummi
Date: 30 May 2019
Nature of Proceedings: Failure to comply with a FWC order
Penalty: $5000 (against Indian Food Catering Pty Ltd only)
Decision: Fair Work Ombudsman v Indian Food Catering Pty Ltd & Anor [2019] FCCA 1471 (30 May 2019)
Fair Work Ombudsman v Heiwa International Pty Ltd and Kiyoshi Hasegawa
Date: 28 May 2019
Nature of Proceedings: Underpayments and failure to keep records
Penalty: $203,472 ($169,560 against Heiwa International Pty Ltd and $33,912 against Kiyoshi Hasegawa)
Decision: Fair Work Ombudsman v Heiwa International Pty Ltd & Anor [2019] FCCA 1425 (28 May 2019)
Fair Work Ombudsman v Hasegawa & Ye International Pty Ltd & Kiyoshi Hasegawa
Date: 28 May 2019
Nature of Proceedings: Underpayments and failure to keep records
Penalty: $180,144 ($150,120 against Hasegawa & Ye International Pty Ltd and $30,024 against Kiyoshi Hasegawa)
Decision: Fair Work Ombudsman v Hasegawa & Ye International Pty Ltd & Anor [2019] FCCA 1424 (28 May 2019)
Fair Work Ombudsman v Zucco Farming Pty Ltd and Chris Zucco
Date: 16 May 2019
Nature of Proceedings: Underpayments, false and misleading records, making use of false and misleading records, pay slips
Penalty: $144,000 ($120,000 against Zucco Farming Pty Ltd and $24,000 against Chris Zucco)
Decision: Fair Work Ombudsman v Zucco Farming Pty Ltd & Anor [2019] FCCA 1277 (16 May 2019)
Fair Work Ombudsman v Logan City Electrical Service Division Pty Ltd and Peter Burnitt
Date: 9 April 2019
Nature of Proceedings: Failure to comply with a FWC Order
Penalty: $39,312 ($32,760 against Logan City Electrical Service Division Pty Ltd and $6552 against Peter Burnitt)
Decision: Fair Work Ombudsman v Logan City Electrical Service Pty Ltd & Anor [2019] FCCA 996 (9 April 2019)
Fair Work Ombudsman v G & Z United Pty Ltd and Danmin Zhang
Date: 1 March 2019
Nature of Proceedings: Underpayments and failure to issue payslips or keep records
Penalty: $65,438 ($56,183 against G & Z United Pty Ltd and $9255 against Danmin Zhang)
Decision: Fair Work Ombudsman v G & Z United Pty Ltd & Anor [2019] FCCA 465 (1 March 2019)
Fair Work Ombudsman v Her Fashion Box Pty Ltd & Anor
Date: 28 February 2019
Nature of Proceedings: Underpayments, failure to issue payslips and keep records, failure to comply with NTP
Penalty: $329,133 ($274,278 against Her Fashion Box Pty Ltd and $54,855 against Ms Purkis)
Decision: Fair Work Ombudsman v Her Fashion Box Pty Ltd & Anor [2019] FCCA 425 (28 February 2019)
Fair Work Ombudsman v Abdul Wahid & Sons Pty Ltd & Anor
Date: 15 February 2019
Nature of Proceedings: False and misleading records, failure to issue payslips
Penalty: $77,708 ($66,168 against Abdul Wahid & Sons Pty Ltd and $11,540 against Mr Rana)
Decision: Fair Work Ombudsman v Abdul Wahid & Sons Pty Ltd & Anor [2019] FCCA 297 (15 February 2019)
Fair Work Ombudsman v Ital One Holdings Pty Ltd & Anor
Date: 1 February 2019
Nature of Proceedings: Underpayments, recordkeeping
Penalty: $257,000 ($217,000 against Ital One Holdings Pty Ltd and $40,000 against Mr Di Pietro)
Decision: Fair Work Ombudsman v Ital One Holdings Pty Ltd & Anor [2019] FCCA 187 (1 February 2019)
Fair Work Ombudsman v Xia Jing Qi Pty Ltd & Anor
Date: 18 January 2019
Nature of Proceedings: Underpayment, failure to keep records
Penalty: $171,849.52 ($145,800 against Xia Jing Qi Pty Ltd and $26,049.52 against Ms Xia)
Decision: Fair Work Ombudsman v Xia Jing Qi Pty Ltd & Anor [2019] FCCA 84 (18 January 2019)
Fair Work Ombudsman v Xia Jing Qi Pty Ltd & Anor
Date: 18 January 2019
Nature of Proceedings: Underpayment, unreasonable requirement to spend, false and misleading records and failure to keep records
Penalty: $163,815 ($154,225 against Xia Jing Qi Pty Ltd and $9590 against Ms Lin)
Decision: Fair Work Ombudsman v Xia Jing Qi Pty Ltd & Anor [2019] FCCA 83 (18 January 2019)
Fair Work Ombudsman v Care Providers Pty Ltd & Ors
Date: 21 December 2018
Nature of Proceedings: Sham contracting, underpayments, failure to issue payslips and keep records
Penalty: $216,480.60 ($125,874 against Eastrac Pty Ltd, $77,112 against Klemtrac Pty Ltd, $7711.20 against Mr Welch and $5,783.40 against Mr Wallis)
Decision: Fair Work Ombudsman v Care Providers Pty Ltd & Ors [2018] FCCA 3771 (21 December 2018)
Fair Work Ombudsman v Delahill Pty Ltd & Anor
Date: 13 December 2018
Nature of Proceedings: Failure to comply with a compliance notices
Penalty: $18,000 ($15,000 against Delahill Pty Ltd and $3000 against Mr Rebello)
Decision: Fair Work Ombudsman v Delahill Pty Ltd & Anor [2018] FCCA 3629 (13 December 2018)
Fair Work Ombudsman v Oz Korea Pty Ltd, Sun Gun Hwang, Pioneer Facility Services Pty Ltd and Pioneer Contracting Services Pty Ltd
Date: 7 December 2018
Nature of Proceedings: Underpayments, failure to issue payslips or keep records, false and misleading records
Penalty: $65,400 ($5,000 against Mr Hwang, $20,400 against OzKorea, $20,000 against Pioneer Facility Services and $20,000 against Pioneer Contracting Services Pty Ltd)
Decision: Fair Work Ombudsman v OzKorea Pty Ltd & Ors (No.2) [2018] FCCA 3620 (7 December 2018)
Fair Work Ombudsman v AVA Travel Pty Ltd & Ors
Date: 7 December 2018
Nature of Proceedings: Sham contracting, underpayments, failure to issue payslips or keep records
Penalty: $168,300 ($164,475 against Ava Travel Pty Ltd and $3825 against Mr Yung)
Decision: Fair Work Ombudsman v Ava Travel Pty Ltd & Ors [2018] FCCA 3627 (7 December 2018)
Fair Work Ombudsman v A to Z Catering Solution Pty Limited and Anor
Date: 7 December 2018
Nature of Proceedings: Underpayment, failure to issue payslips, false and misleading records, adverse action
Penalty: $50,100 against Mr Yasin
Decision: Fair Work Ombudsman v A To Z Catering Solution Pty Limited (No.3) [2018] FCCA 3574 (7 December 2018)
Fair Work Ombudsman v SHMAP Group Pty Ltd and Anor
Date: 4 December 2018
Nature of Proceedings: Underpayments, failure to issue payslips, false and misleading records
Penalty: $141,372 ($117,810 against SHMAP Group Pty Ltd and $23,562 against Mr Amin
Decision: Fair Work Ombudsman v SHMAP Group Pty Ltd & Anor [2018] FCCA 3527 (4 December 2018)
Fair Work Ombudsman v F.L Press Pty Ltd & Anor
Date: 23 November 2018
Nature of Proceedings: Underpayments, failure to pay wages on termination and redundancy
Penalty: $27,500 against Mr Skalkos
Decision: Fair Work Ombudsman v F.L. Press Pty Ltd & Anor (No.3) [2018] FCCA 3339 (23 November 2018)
Fair Work Ombudsman v Hadya Nominees Pty Ltd & Anor
Date: 19 October 2018
Nature of Proceedings: Underpayments, uniform allowance, failure to provide breaks between work periods, failure to issue payslips or keep records
Penalty: $130,723.20 ($108,936 against Hadya Nominees Pty Ltd and $21,787.20 against Mr Haddad)
Decision: Fair Work Ombudsman v Hadya Nominees Pty Ltd & Anor [2018] FCCA 2961 (19 October 2018)
Fair Work Ombudsman v Déjà vu Elite Security Pty Ltd & Anor
Date: 19 October 2018
Nature of Proceedings: Underpayments, failure to agree on regular pattern of work, failure to issue payslips or keep records, false and misleading records; failure to comply with NTP
Penalty: $189,540 ($157,950 against Déjà vu Elite Security Pty Ltd and $31,590 against Mr Haddad)
Fair Work Ombudsman v ZNZ Education Pty Ltd & Ors
Date: 17 October 2018
Nature of Proceedings: Underpayments, failure to issue payslips or keep records
Penalty: $24,301.50 ($23,290 against Ms Zhang and $1011.50 against Mr Li)
Decision: Fair Work Ombudsman v ZNZ Education Pty Ltd & Ors [2018] FCCA 3136 (17 October 2018)
Fair Work Ombudsman v Poisson Pty Ltd & Anor
Date: 5 October 2018
Nature of Proceedings: Failing to pay entitlements under the Restaurant Industry Award, failing to pay accrued annual leave on termination, record keeping and failing to issue payslips with the required information
Penalty: $168,924 ($142,144 against Poisson Pty Ltd and $26,780 against Ms Yogo)
Decision: Fair Work Ombudsman v Poisson Pty Ltd & Anor [2018] FCCA 2766 (5 October 2018)
Fair Work Ombudsman v Davdot Pty Ltd t/a Davdot Facility Services & David Hinchcliffe
Date: 21 September 2018
Nature of Proceedings: Underpayments, failure to make and keep prescribed employee records, failure to comply with NTP
Penalty: $144,000 ($119,000 against Davdot and $25,000 against David Hinchcliffe)
Fair Work Ombudsman v Wok Me Corporate NQ Pty Ltd & Anor
Date: 18 September 2018
Nature of Proceedings: Underpayments, failure to keep records and payslips; failure to provide Fair Work Information Statement
Penalty: $72,576 ($60,480 against Wok Me Corporate NQ Pty Ltd and $12,096 against Luke McGrath)
Decision: Fair Work Ombudsman v Wok Me Corporate NQ Pty Ltd & Anor [2018] FCCA 2635 (18 September 2018)
Fair Work Ombudsman v Touchpoint Media Pty Ltd & Laurence Bernard Ward
Date: 4 September 2018
Nature of Proceedings: Underpayments, failure to issue payslips or keep records, false and misleading records
Penalty: $264,384 ($220,320 against Touchpoint Media and $44,064 against Laurence Bernard Ward)
Decision: Fair Work Ombudsman v Touchpoint Media Pty Ltd & Laurence Bernard Ward (4 September 2018)
Fair Work Ombudsman v Lycamobile Pty Ltd
Date: 29 August 2018
Nature of Proceedings: Failure to pay overtime
Penalty: $25,000
Decision: Fair Work Ombudsman v Lycamobile Pty Ltd [2018] FCCA 1892 (29 August 2018)
Fair Work Ombudsman v The Meatball and Wine Bar Pty Ltd
Date: 21 August 2018
Nature of Proceedings:Underpayments, recordkeeping
Penalty: $31,320 against The Meatball and Wine Bar Pty Ltd
Decision: Fair Work Ombudsman v The Meatball And Wine Bar Pty Ltd [2018] FCCA 2288 (21 August 2018)
Fair Work Ombudsman v Hongyen Pty Ltd & Anor
Date: 16 August 2018
Nature of Proceedings:Underpayments
Penalty: $10,560 against Mr Tran
Decision: Fair Work Ombudsman v Hongyen Pty Ltd & Anor (No.2) [2018] FCCA 2232 (16 August 2018)
Fair Work Ombudsman v Bundaberg Refrigerated Transport Pty Ltd
Date: 7 August 2018
Nature of Proceedings: Underpayments, failure to provide FWIS, failure to provide a written agreement
Penalty: $80,000 against Bundaberg Refrigerated Transport Pty Ltd
Decision: Fair Work Ombudsman v Bundaberg Refrigerated Transport Pty Ltd [2018] FCCA 2276 (7 August 2018)
Fair Work Ombudsman v Alertvale Pty Ltd
Date: 24 July 2018
Nature of Proceedings: Failure to pay in lieu of providing notice of termination, failure to pay redundancy, failure to pay wages in full (unpermitted deductions)
Penalty: $31,590
Decision: Fair Work Ombudsman v Alertvale Pty Ltd [2018] FCCA 1998 (24 July 2018)
Fair Work Ombudsman v VIP Security Services Pty Ltd & Adam Marcinkowski
Date: 20 July 2018
Nature of Proceedings: Underpayments, false and misleading records, making use of false and misleading records, pay slips
Penalty: $115,668 (against Mr Marcinkowski)
Fair Work Ombudsman v WCH Services Pty Ltd & William Collen Hancock
Date: 10 July 2018
Nature of Proceedings: Non compliance with FWC Order
Penalty: $38,880 ($32,400 against WCH Services and $6480 against Mr Hancock)
Decision: Fair Work Ombudsman v WCH Services Pty Ltd & Anor [2018] FCCA 1878 (10 July 2018)
Fair Work Ombudsman v WCH Services Pty Ltd & William Collen Hancock
Date: 10 July 2018
Nature of Proceedings: Non compliance with FWC Order
Penalty: $45,360 ($37,800 against WCH Services and $7560 against Mr Hancock)
Decision: Fair Work Ombudsman v WCH Services Pty Ltd & Anor [2018] FCCA 1877 (10 July 2018)
Fair Work Ombudsman v WCH Services Pty Ltd & William Collen Hancock
Date: 10 July 2018
Nature of Proceedings: Non compliance with FWC Order
Penalty: $51,840 ($43,200 against WCH Services and $8640 against Mr Hancock)
Decision: Fair Work Ombudsman v WCH Services Pty Ltd & Anor [2018] FCCA 1876 (10 July 2018)
