2020 - 2021 litigation outcomes
This section provides information on our litigation outcomes for the 2020 - 2021 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 2020 - June 2021
Fair Work Ombudsman v China Bar Buffet (Epping) Pty Ltd
Date: 25 June 2021
Nature of Proceedings: Wages and conditions, making and keeping false employee records and providing these to the FWO and to employees and making and providing to employees false payslips.
Penalty: $309,750
Decision: Fair Work Ombudsman v China Bar Buffet (Epping) Pty Ltd & Ors [2021] FCCA 1430 
Fair Work Ombudsman v Helix Bianca Nominees Pty Ltd
Date: 9 June 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $16,500
Decision: Fair Work Ombudsman v Helix Bianca Nominees Pty Ltd [2021] FCCA 1351
Fair Work Ombudsman v ANS HL Trading Pty Ltd & Ors
Date: 28 May 2021
Nature of Proceedings: Wages and conditions, failure to make and keep records, failure to provide pay slip, knowingly make or keep false and misleading records.
Penalty: $112,420
Decision: Fair Work Ombudsman v ANSHL Trading Pty Ltd [2021] FCCA 1163
Fair Work Ombudsman v Domain Botanical Business Pty Ltd & Anor
Date: 26 May 2021
Nature of Proceedings: Wages and conditions, meal breaks, record-keeping contraventions including failure to make and keep records.
Penalty: $204,120
Decision: Fair Work Ombudsman v Domain Botanical Business Pty Ltd (No 2) [2021] FCCA 1107
Fair Work Ombudsman v MDP Labour Pty Ltd
Date: 25 May 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $33,300
Decision: Ex tempore
Fair Work Ombudsman v SMC Food Truck Pty Ltd
Date: 24 May 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $14,175
Decision: Ex tempore
Fair Work Ombudsman v Jenni International Pty Ltd
Date: 10 May 2021
Nature of Proceedings: Non-compliance with a Compliance Notice, false and misleading document.
Penalty: $63,000
Decision: Ex tempore
Fair Work Ombudsman v Available Dental Care Pty Ltd & Anor
Date: 7 May 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $7,400
Decision: Ex tempore
Fair Work Ombudsman v Amelia Ann Tester
Date: 16 April 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $5,250
Decision: Fair Work Ombudsman v Tester [2021] FCCA 771 (16 April 2021)
Fair Work Ombudsman v Yorktor Pty Ltd & Anor
Date: 16 April 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $3,500
Decision: Fair Work Ombudsman v Yorktor Pty Ltd [2021] FCCA 779
Fair Work Ombudsman v Trucking Services Pty Ltd
Date: 15 April 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $20,000
Decision: Fair Work Ombudsman v Trucking Services Pty Ltd [2021] FCCA 760
Fair Work Ombudsman v ADADN Pty Ltd & Anor
Date: 15 April 2021
Nature of Proceedings: Failure to comply with FWC Order.
Penalty: $53,000
Decision: Fair Work Ombudsman v ADADN Pty Ltd [2021] FCCA 756
Fair Work Ombudsman v Sphere 38 (BNE) Pty Ltd & Anor
Date: 19 March 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $12,500
Decision: Fair Work Ombudsman v Sphere 38 (BNE) Pty Ltd [2021] FCCA 536
Fair Work Ombudsman v Kit Anthony Lam
Date: 12 March 2021
Nature of Proceedings: Wages and conditions.
Penalty: $37,500
Decision: Fair Work Ombudsman v Lam [2021] FCA 205 (11 March 2021)
Fair Work Ombudsman v Panol DC Pty Ltd & Ors
Date: 2 March 2021
Nature of Proceedings: Wages and conditions and failing to keep prescribed information on employee records.
Penalty: $57,800
Decision: Fair Work Ombudsman v Panol Dc Pty Ltd & Ors [2021] FCCA 373
Fair Work Ombudsman v Baal Gammon Copper Pty Ltd & Anor
Date: 25 February 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $23,750
Decision: Fair Work Ombudsman v Baal Gammon Copper Pty Ltd [2021] FCCA 348
Fair Work Ombudsman v Matcraft Pty Ltd & Ors
Date: 18 February 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $30,870
Decision: Fair Work Ombudsman v Matcraft Pty Ltd [2021] FCCA 272
Fair Work Ombudsman v IE Enterprises Pty Ltd & Anor
Date: 11 February 2021
Nature of Proceedings: Wages and conditions, failure to make and keep records, failure to provide payslips, unauthorised deductions.
Penalty: $256,000
Decision: Fair Work Ombudsman v IE Enterprises Pty Ltd [2021] FCA 60
Fair Work Ombudsman v Theill Pipelines Pty Ltd & Anor
Date: 5 February 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $22,050
Decision: Fair Work Ombudsman v Theill Pipelines Pty Ltd & Anor [2021] FCCA 492
Fair Work Ombudsman v Althaus Homes Pty Ltd & Anor
Date: 29 January 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $13,608
Decision: Fair Work Ombudsman v Althaus Homes Pty Ltd [2021] FCCA 126
Fair Work Ombudsman v Kerryn Elizabeth Ainley
Date: 27 January 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $1,250
Decision: Fair Work Ombudsman v Ainley [2021] FCCA 89 (27 January 2021)
Fair Work Ombudsman v Sun Sea Equity Pty Ltd & Anor
Date: 27 January 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $19,000
Decision: Fair Work Ombudsman v Sun Sea Equity Pty Ltd [2021] FCCA 104
Fair Work Ombudsman v T & Sons Pty Ltd & Anor
Date: 22 December 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $26,460
Decision: Fair Work Ombudsman v T & Sons Pty Ltd [2020] FCCA 3519
Fair Work Ombudsman v Inverted Mountain Pty Ltd & Ors
Date: 16 December 2020
Nature of Proceedings: Non-compliance with a Compliance Notice, record keeping and payslips and failure to include information on payslips.
Penalty: $60,480
Decision: Fair Work Ombudsman v Inverted Mountain Pty Ltd [2020] FCCA 3429
Fair Work Ombudsman v Timi Trading Pty Ltd as Trustee for the Nguyen Vo Trust
Date: 25 November 2020
Nature of Proceedings: Wages and conditions, recordkeeping and payslips, false and misleading records.
Penalty: $139,800
Fair Work Ombudsman v Saveway Store Pty Ltd & Anor
Date: 12 November 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $27,783
Decision: Fair Work Ombudsman v Saveway Store Pty Ltd & Anor [2020] FCCA 3042
Fair Work Ombudsman v Tac Pham Pty Ltd & Anor
Date: 12 November 2020
Nature of Proceedings: Wages and conditions and pay slip contraventions.
Penalty: $230,040
Decision: Fair Work Ombudsman v Tac Pham Pty Ltd & Anor [2020] FCCA 3036 (12 November 2020)
Fair Work Ombudsman v Austop Natural Therapies and Supplies Pty Ltd & Ors
Date: 30 October 2020
Nature of Proceedings: Wages and conditions, recordkeeping and payslips, false and misleading records.
Penalty: $19,100
Decision: Fair Work Ombudsman v Austop Natural Therapy and Supplies Pty Ltd & Ors [2020] FCCA 2920
Fair Work Ombudsman v Jenni International Pty Ltd & Anor
Date: 30 October 2020
Nature of Proceedings: Wages and conditions, record keeping and pay slip contraventions.
Penalty: $121,000
Decision: Fair Work Ombudsman v Jenni International Pty Ltd & Anor (No.2) [2020] FCCA 2924
Fair Work Ombudsman v Rekha Thakadiyal Joseph & Anor
Date: 28 October 2020
Nature of Proceedings: Wages and conditions, cashback, record-keeping and payslips, false and misleading records.
Penalty: $119,200
Decision: Fair Work Ombudsman v Joseph & Anor [2020] FCCA 2910
Fair Work Ombudsman v Uhy Sothertons Sydney Pty Ltd
Date: 26 October 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $28,350
Decision: Ex tempore
Fair Work Ombudsman v Zurel Pty Ltd & Anor
Date: 26 October 2020
Nature of Proceedings: Non-compliance with a Compliance Notice, record keeping and pay slip contravention.
Penalty: $43,375.50
Decision: Fair Work Ombudsman v Zurel Pty Ltd & Anor [2020] FCCA 2884
Fair Work Ombudsman v Malevi Pty Ltd & Ors
Date: 22 October 2020
Nature of Proceedings: Wages and conditions, failure to make and keep records, adverse action.
Penalty: $232,545.60
Decision: Fair Work Ombudsman v Malevi Pty Ltd & Ors [2020] FCCA 2875 (22 October 2020)
Fair Work Ombudsman v Corporation Sun Pty Ltd & Anor
Date: 20 October 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $22,680
Decision: Fair Work Ombudsman v Corporation Sun Pty Ltd & Anor [2020] FCCA 2849 (21 October 2020)
Fair Work Ombudsman v Galb Pty Ltd & Anor
Date: 30 September 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $14,500
Decision: Fair Work Ombudsman v Galb Pty Ltd & Anor [2020] FCCA 2712 (30 September 2020)
Fair Work Ombudsman v Soma Kitchen Pty Ltd & Anor (No.2)
Date: 16 September 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $21,924
Decision: Fair Work Ombudsman v Soma Kitchen Pty Ltd & Anor (No.2) [2020] FCCA 2583 (16 September 2020)
Fair Work Ombudsman v Skypac Group Pty Ltd & Ors
Date: 26 August 2020
Nature of Proceedings: Underpayments, cashback provisions, failure to comply with a notice to produce, record-keeping contraventions including making and/ or keeping of false or misleading records.
Penalty: $276,929
Decision: Fair Work Ombudsman v Skypac Group Pty Ltd & Ors [2020] FCCA 2332 (26 August 2020)
Fair Work Ombudsman v Austrend International Pty Ltd & Anor
Date: 20 August 2020
Nature of Proceedings: Adverse action (sex and pregnancy discrimination).
Penalty: $18,300
Decision: Fair Work Ombudsman v Austrend International Pty Ltd (No 2) [2020] FCA 1193 (20 August 2020)
Fair Work Ombudsman v Joys Child Care Limited & Anor
Date: 12 August 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $30,240
Decision: Ex tempore
Fair Work Ombudsman v Mashnicisa Pty Ltd & Anor
Date: 16 July 2020
Nature of Proceedings: Failure to pay weekend and public holiday penalty rates, evening loadings and overtime.
Penalty: $86,000
Decision: Fair Work Ombudsman v Mashnicisa Pty Ltd & Anor [2020] FCCA 1934 (16 July 2020)
Fair Work Ombudsman v The Old Cop Shop Eatery Pty Ltd
Date: 10 July 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $22,050
Decision: Fair Work Ombudsman v The Old Cop Shop Eatery Pty Ltd [2020] FCCA 1884 (10 July 2020)
