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Appendix A - Case studies

1. Formal Caution

The Activity identified 27 employees working at a Domino’s franchisee owned store in Queensland had unauthorised deductions taken from their pay. These deductions related to a Domino’s affiliated not-for-profit charity. The franchisee failed to seek authorisation from the employees in writing, as required under section 324 the FW Act.

Once the Fair Work Inspector educated the employer about this requirement, the employer ceased making the unauthorised deductions and sought written authorisation from the affected employees.  Throughout the Activity, the employer demonstrated high levels of cooperation and a willingness to address issues.  A Formal Caution was issued to the employer, which puts the employer on notice in regards to any future non-compliance.

2. Compliance Notices

Two Domino’s franchisees, each with a common sole director, operated two sites in Melbourne with 51 employees across both sites during the Assessment Period.

Visa data for 47 of those employees was provided to the FWO, and 38 of these 47 employees (81%) held a working visa.

Evidence obtained from the employers and employees during site visits found a number of employees had not been paid for all hours worked, applicable overtime rates or minimum shift engagement. In addition, one employee did not receive applicable annual leave loading for a period of annual leave.

The Fair Work Inspector issued each of the franchisees with a Compliance Notice, specifying the amounts to be paid to the nine affected employees across the two stores. The franchisees fully cooperated with the FWO and back paid the nine employees in accordance with the Compliance Notices.