The Fair Work Ombudsman website requires JavaScript. Please enable JavaScript on your browser.

Enforcement outcomes

The following enforcement actions have been taken against the 24 non-compliant franchisees:

  • three Enforceable Undertakings have been issued upon:
    • Surmin Pty Ltd as The Trustee for Surmin Family Trust, trading as Pizza Hut Surry Hills, Sydney
    • Romaro Holdings Pty Ltd, trading as Pizza Hut Penrith, Sydney, and
    • Arora Business Investment Pty Ltd, trading as Pizza Hut Mango Hill, Queensland.
    These Undertakings were issued as the franchisees misclassified delivery drivers as independent contractors when they were actually employees. The employers had paid their workers on a per delivery basis at rates ranging between $5.70 and $8.00.  Consequently, a number of workers were underpaid.  All three employers failed to issue pay slips and keep proper records.
  • 11 Infringement Notices were issued to franchisees (equating to a total of $6,300 in penalties) for a range of record making and record keeping contraventions. These include failure to provide pay slips, pay slips not provided in the prescribed form, not providing the prescribed information, failure to record the name and number of the superannuation fund, and not keeping records for seven years (eg. recording start and finish times).
  • 11 Compliance Notices were issued to franchisees for underpaying minimum hourly rates, penalty rates, allowances or failing to create regular pattern of work documents for part-time employees.
  • 17 Letters of Caution requiring action to rectify non-compliance were issued to franchisees for a range of workplace contraventions.