2019 - 2020 litigation outcomes

This section provides information on our litigation outcomes for the 2019 - 2020 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 2019 - June 2020

Fair Work Ombudsman v Lindsay F Nelson Manufacturing & Anor

Date: 3 April 2020

Nature of Proceedings: Underpayments, non-compliance with NTP

Penalty: $60,000 ($50,000 against Lindsay F Nelson Manufacturing and $10,000 against Mr Nelson)

Decision: Fair Work Ombudsman v Lindsay F. Nelson Manufacturing Pty Ltd (No.2) [2020] FCCA 718 (3 April 2020) external-icon.png

Fair Work Ombudsman v Northcoast Security Services Group (in liquidation) & Ors

Date: 13 March 2020

Nature of Proceedings: Underpayments

Penalty: $68,560 ($32,560 against Mr Chouhan and $36,000 against Mr Nelson

Decision: Fair Work Ombudsman v Northcoast Security Services Group Pty Ltd & Ors (No.3) [2020] FCCA 521 (13 March 2020) external-icon.png

Fair Work Ombudsman v Lovely Care Pty Ltd (No 2) & Anor

Date: 13 February 2020

Nature of Proceedings: Underpayments

Penalty: $41,580 ($36,000 against Lovely Care Pty Ltd and $5,580 against Ms Bonilla)

Decision: Fair Work Ombudsman v Lovely Care Pty Ltd & Anor (No.2) [2020] FCCA 257 (13 February 2020) external-icon.png

Fair Work Ombudsman v Australian Workers’ Union

Date: 7 February 2020

Nature of Proceedings: Industrial Activities - Adverse Action

Penalty: $18,000 against Australian Workers’ Union

Decision: Fair Work Ombudsman v Australian Workers' Union [2020] FCA 60 (7 February 2020) external-icon.png

Fair Work Ombudsman v Sinpek Pty Ltd (In Liquidation) & Ors

Date: 20 January 2020

Nature of Proceedings: Underpayments, record keeping, payslips, failure to comply with an NTP

Penalty: $210,000 ($120,000 against K Singh and $90,000 against U Singh)

Decision: Fair Work Ombudsman v Sinpek Pty Ltd (In Liquidation) & Ors (No.3) [2020] FCCA 88 (20 January 2020) external-icon.png

Fair Work Ombudsman v Scott Redmond trading as Cleaning Excellence

Date: 19 December 2019

Nature of Proceedings: Non-compliance with a compliance Notice, non-compliance with NTP, payslips

Penalty: $17,190 against Scott Redmond

Decision: Fair Work Ombudsman v Scott Redmond trading as Cleaning Excellence [2019] FCCA 3697 (19 December 2019) external-icon.png

Fair Work Ombudsman v Mamak Pty Ltd (ACN 118 546 857) (In Liquidation) & Ors

Date: 11 December 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, penalty rates, public holiday allowances, leave loading); Record keeping (providing adequate payslips, making false or misleading records, failing to keep records)

Penalty: -

Decision: Fair Work Ombudsman v Mamak Pty Ltd (In Liquidation) & Ors [2019] FCCA 3582 (11 December 2019) external-icon.png

Fair Work Ombudsman v Auspac Hospitality Management Pty Ltd & Anor

Date: 3 December 2019

Nature of Proceedings: Underpayments (failure to pay loading and penalty rates), Record keeping, payslips

Penalty: $113,808 ($75,000 against Auspac Hospitality Management Pty Ltd and $38,808 against Mr Wang)

Decision: Fair Work Ombudsman v Auspac Hospitality Management Pty Ltd & Anor [2019] FCCA 3489 (3 December 2019) external-icon.png

Fair Work Ombudsman v Bradley Wells

Date: 3 December 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, industry allowance, loading, over-time and penalty rates); Failure to comply with NTP

Penalty: $41,040 against Mr Wells

Decision: Fair Work Ombudsman v Wells [2019] FCCA 3488 (3 December 2019) external-icon.png

Fair Work Ombudsman v Jewel Bay 2015 Pty Ltd (ACN 600 227 174) & Anor

Date: 22 November 2019

Nature of Proceedings: Pregnancy discrimination

Penalty: $37,800 ($31,500 against Jewel Bay 2015 Pty Ltd and $6,300 against Mr Tajeddine)

Decision: Fair Work Ombudsman v Jewel Bay 2015 Pty Ltd & Anor [2019] FCCA 3561 (22 November 2019) external-icon.png

Fair Work Ombudsman v Loke Cheng Wong

Date: 19 November 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading, penalty rates, overtime, minimum periods); Failure to accrue annual and personal leave entitlements;

Penalty: $10,125 against Mr Wong

Decision: Fair Work Ombudsman v PPR Ryde (NSW) Pty Ltd & Anor; Fair Work Ombudsman v Gateharvest Pty Ltd & Anor; Fair Work Ombudsman v Wong [2019] FCCA 3085 (19 November 2019) external-icon.png

Fair Work Ombudsman v Gateharvest Pty Ltd & Loke Cheng Wong

Date: 19 November 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading, penalty rates, overtime, minimum periods); Failure to accrue annual and personal leave entitlements; Record keeping, payslips

Penalty: $142,156 ($131,626 against Gateharvest Pty Ltd and $10,530 against Mr Wong)

Decision: Fair Work Ombudsman v PPR Ryde (NSW) Pty Ltd & Anor; Fair Work Ombudsman v Gateharvest Pty Ltd & Anor; Fair Work Ombudsman v Wong [2019] FCCA 3085 (19 November 2019) external-icon.png

Fair Work Ombudsman v PPR Ryde (NSW) Pty Ltd & Anor

Date: 19 November 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading, penalty rates, overtime, minimum periods); Failure to accrue annual and personal leave entitlements; Record keeping, payslips

Penalty: $155,521 ($141,751 against PPR Ryde (NSW) Pty Ltd and $13,770 against Mr Wong)

Decision: Fair Work Ombudsman v PPR Ryde (NSW) Pty Ltd & Anor; Fair Work Ombudsman v Gateharvest Pty Ltd & Anor; Fair Work Ombudsman v Wong [2019] FCCA 3085 (19 November 2019) external-icon.png

Fair Work Ombudsman v Desire Food Pty Ltd & Anor

Date: 15 November 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, penalty rates, public holiday allowances, leave loading, uniform allowance, meal breaks, minimum engagement, transport allowance); Record keeping, payslips, failure to pay employees regularly, payslips and false/misleading records

Penalty: $75,400 ($63,500 against Desire Food Pty Ltd and $11,900 against Mr Lee)

Decision: Fair Work Ombudsman v Desire Food Pty Ltd & Anor [2019] FCCA 2979 (15 November 2019) external-icon.png

Fair Work Ombudsman v Pulis Plumbing Pty Ltd & Anor

Date: 15 November 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading and penalty rates); Record keeping, payslips and false/misleading records.

Penalty: $151,200 ($124,000 against Pulis Plumbing Pty Ltd and $27,200 against Mr Pulis)

Decision: Fair Work Ombudsman v Pulis Plumbing Pty Ltd & Anor [2019] FCCA 3192 (15 November 2019) external-icon.png

Fair Work Ombudsman v Abella Travel Pty Ltd & Anor

Date: 13 November 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, base rate of pay, annual leave, over-time, loading and penalty rates); Requiring employees to pay back part of their wages; Record keeping, payslips and false/misleading records.

Penalty: $398,520 ($332,100 against Abella Travel Pty Ltd and $66,420 against Mr Lee)

Decision: Fair Work Ombudsman v Abella Travel Pty Ltd & Anor [2019] FCCA 3262 (13 November 2019) external-icon.png

Fair Work Ombudsman v QHA Foods Pty Ltd (ACN 166 392 436) & Ors

Date: 1 November 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading and penalty rates); failure to provide minimum engagement for casual and part-time employees; Record keeping, payslips and false/misleading records.

Penalty: $104,000 ($80,000 against QHA Foods Pty Ltd, $12,000 against Mr Kumarasamy and Mr Raghuram respectively)

Decision: Fair Work Ombudsman v Qha Foods Pty Ltd & Ors [2019] FCCA 3120 (1 November 2019) external-icon.png

Fair Work Ombudsman v Nobrace Centre Pty Ltd (In Liquidation) (ACN 121 556 447) & Ors

Date: 22 October 2019

Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, overtime, weekend loading, holiday penalty rates and annual leave entitlements); record keeping, payslips and false/misleading records; failure to pay employee in full and unauthorised deductions; Failure to comply with a NTP

Penalty: $73,000 ($18,000 against Mrs Masters and $55,000 against Mr Masters)

Decision: Fair Work Ombudsman v NoBrace Centre Pty Ltd (In Liquidation) (ACN 121 556 447) & Ors (No.2) [2019] FCCA 2970 (22 October 2019) external-icon.png

Fair Work Ombudsman v Westside Petroleum Retail 1 Pty Ltd & Ors

Date: 2 October 2019

Nature of Proceedings: Underpayments

Penalty: $57,000 ($45,000 against Westside Petroleum Retail 1 Pty Ltd, $4,000 against P Riad, F Ieraci and S Khawaja respectively)

Decision: Fair Work Ombudsman v Westside Petroleum Retail 1 Pty Ltd & Ors [2019] FCCA 2784 (2 October 2019) external-icon.png

Fair Work Ombudsman v Broome Helicopter Services Pty Ltd & Anor

Date: 27 September 2019

Nature of Proceedings: Underpayments

Penalty: $40,260 ($33,550 against Broome Helicopter Services Pty Ltd and $6,710 against J Calandra)

Decision: Fair Work Ombudsman v Broome Helicopter Services & Anor (No.2) [2019] FCCA 2713 (27 September 2019) external-icon.png

Fair Work Ombudsman v NSW Motel Management Services Pty Ltd & Ors

Date: 20 September 2019

Nature of Proceedings: Underpayments, record keeping and payslips, failure to provide FW Statement, failure to prepare award compliant rosters, making or keeping false records, adverse action

Penalty: $280,000 ($220,000 against NSW Motel Management and $50,000 against M Parkes and $10,000 against R Parkes)

Decision: Fair Work Ombudsman v NSW Motel Management Services Pty Ltd & Ors (No.2) [2019] FCCA 2638 (20 September 2019) external-icon.png

Fair Work Ombudsman v A & K Property Services Pty Ltd, Yong Sin Kim, Hyun Jun Kang and Jungpyo Lee

Date: 16 August 2019

Nature of Proceedings: Underpayments and failure to issue payslips or keep records

Penalty: $125,700 ($108,000 against A & K Property Services Pty Ltd, $10,600 against Yong Sin Kim, $3,550 against Hyun Jun Kang and $3,550 against Jungpyo Lee)

Decision: Fair Work Ombudsman v A & K Property Services Pty Ltd & Ors [2019] FCCA 2259 (16 August 2019) external-icon.png

Fair Work Ombudsman v Nobrace Centre Pty Ltd and Ari Masters (No. 2)

Date: 6 August 2019

Nature of Proceedings: Failure to comply with a compliance notice

Penalty: $5,355 (against Ari Masters only)

Decision: Fair Work Ombudsman v Nobrace Centre Pty Ltd & Anor (No.2) [2019] FCCA 2144 (6 August 2019) external-icon.png

Fair Work Ombudsman v Eagle Tours Pty Limited

Date:  1 August 2019

Nature of Proceedings: Underpayments

Penalty: $89,250

Decision: Fair Work Ombudsman v Eagle Tours Pty Limited [2019] FCCA 2099 (1 August 2019) external-icon.png

Fair Work Ombudsman v A & S Wholesale Fruit & Vegetables Pty Ltd, Stephen Fanous and Etherah Louli

Date: 4 July 2019

Nature of Proceedings: Underpayments, failure to provide pay slips, false and misleading records, making use of false and misleading records and unreasonable hours

Penalty: $243,000 ($200,000 against A & S Wholesale Fruit & Vegetables Pty Ltd, $30,000 against Stephen Fanous and $13,000 against Etherah Louli)

Decision: Fair Work Ombudsman v A & S Wholesale Fruit & Vegetables Pty Ltd & Ors [2019] FCCA 1838 (4 July 2019) external-icon.png

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