2014 to 2015 enforceable undertakings

Malaysian Dining Delights Pty Ltd

Date of undertaking: 22 June 2015

Malaysian Dining Delights Pty Ltd entered into an enforceable undertaking after we determined that 5 employees were underpaid their minimum hourly rate, overtime, weekend, evening, and public holiday rates and split shift allowances.

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85 Degrees Coffee Australia Pty Ltd

Date of undertaking: 5 June 2015

85 Degrees Coffee Australia Pty Ltd entered into an enforceable undertaking after we determined that 4 employees, including cleaners, packers and a shop assistant, were underpaid casual loading, weekend, evening and public holiday penalty rates.

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Logistics 1 Pty Ltd

Date of undertaking: 27 May 2015

Logistics 1 Pty Ltd entered into an enforceable undertaking after we determined that an employee was underpaid public holiday rates and did not receive payment for actual hours worked.

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EFM Windsor and EFM Launceston

Date of undertaking: 6 May 2015

EFM Windsor and EFM Launceston entered into an enforceable undertaking after we determined that a casual fitness instructor was unlawfully stood down after questioning their entitlements.

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Japara Healthcare & Aged Care Services Australia Group Pty Ltd

Date of undertaking: 5 May 2015

Japara Healthcare and Aged Care Services Australia Group Pty Ltd entered into an enforceable undertaking after we determined that thousands of aged care nurses, allied health workers and support staff were underpaid their overtime rates. 

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Quito Pty Ltd

Date of undertaking: 27 April 2015

Quito Pty Ltd entered into an enforceable undertaking after we determined that a total of $28 795.21 in unauthorised deductions was made from the wages of 8 casual employees.

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Bransford (QLD) Pty Ltd

Date of undertaking: 20 April 2015

Bransford (QLD) Pty Ltd entered into an enforceable undertaking after we determined that 19 casual employees were underpaid their hourly rate for all hours worked.

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All Occasion Cruises

Date of undertaking: 2 April 2015

All Occasion Cruises entered into an enforceable undertaking after we determined that casual employees were underpaid their minimum hourly rates and pay slip and record-keeping requirements were not met.

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M Tamer and M Tamer 

Date of undertaking: 25 March 2015

M Tamer and M Tamer trading as Fancy Fruits entered into an enforceable undertaking after we determined that two shop assistants were underpaid minimum weekly wages, junior rates and casual loading. We also found that record-keeping and payslip requirements weren't being met.

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Written on Tea

Date of undertaking: 25 March 2015

Written on Tea entered into an enforceable undertaking with us after we determined that a female worker was underpaid her minimum hourly rate and penalty rates.

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Knodaji Pty Ltd and Taejin Pty Ltd

Date of undertakings: 23 March 2015

Knodaji and Taejin entered into enforceable undertakings with us after we determined the owner-operator of a sushi restaurant and 3 other take-away sushi bars underpaid employees their minimum hourly rates, casual loading and penalty rates.

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KPG Au Group Pty Ltd

Date of undertaking: 17 March 2015

KPG Au Group Pty Ltd entered into an enforceable undertaking with us after we determined that 2 restaurant employees, both on 417 working holiday visas, were underpaid penalty rates totalling $661 and $642 respectively between December 2013 and June 2014. The company was also fined $1700 for its failure to issue pay slips.

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Marriott Airport Concessions Pty Ltd

Date of undertaking: 16 March 2015

Marriott Airport Concessions Pty Ltd entered into an enforceable undertaking with us after we determined that employees who worked at the Sports Bar were underpaid their casual loading, weekend and public holiday penalty rates. The employees engaged at Hungry Jacks were underpaid their casual loading, weekend and public holiday penalty rates and uniform allowance.

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PSP International Trading Pty Ltd

Date of undertaking: 13 March 2015

PSP International Trading Pty Ltd entered into an enforceable undertaking with us after one 7-Eleven operator confirmed deliberately breaching federal workplace laws by knowingly short-changing most employees and producing false and misleading records.   

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Katjen Enterprise Pty Ltd

Date of undertaking: 2 March 2015

Katjen Enterprise Pty Ltd entered into an enforceable undertaking with us after we determined that a migrant worker was underpaid minimum hourly rates and annual leave entitlements over a four year period.

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Nature's Care Manufacture Pty Ltd

Date of undertaking: 16 February 2015

Nature's Care Manufacture Pty Ltd entered into an enforceable undertaking with us after underpaying thirteen backpackers on 417 working holiday visas their minimum hourly rate and penalty rates.

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Chia Tung Development Corp Ltd

Date of undertaking: 30 February 2015

Chia Tung Development Corp Ltd entered into an enforceable undertaking with us after unlawfully deducting thousands of dollars from the wages of 43 employees. 

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UB Partners Pty Ltd

Date of undertaking: 6 February 2015

UB Partners Pty Ltd entered into an enforceable undertaking with us after unlawfully withholding wages from a new staff member as well as underpaying their minimum hourly rate, casual loading and penalty rates. 

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Merri Transport Company Pty Ltd

Date of undertaking: 3 February 2015

Merri Transport Company Pty Ltd entered into an enforceable undertaking with us after we determined that 6 drivers did not receive severance pay or wages in lieu of notice when made redundant. Another 2 drivers were also underpaid a range of entitlements including loadings, public holidays allowances and cents per km. 

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ATM Cleaning Management Pty Ltd

Date of undertaking: 22 December 2014

ATM Cleaning Management Pty Ltd entered into an enforceable undertaking with us after we determined that 45 employees were underpaid their minimum hourly pay rates, casual loading and penalty rates for weekend, public holidays and shift work.

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JCMA Pty Ltd

Date of undertaking: 17 December 2014

JCMA Pty Ltd trading as a Bakers Delight franchisee entered into an enforceable undertaking with us after we determined that 26 employees were underpaid their minimum hourly pay rates, casual loading, weekend and public holiday penalty rates and shift allowances.

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Abella Travel Pty Ltd

Date of undertaking: 17 December 2014

Abella Travel Pty Ltd entered into an enforceable undertaking with us after we determined that a sales assistant was underpaid their minimum hourly pay rate as well as penalty rates for weekend, overtime and public holiday work. There were also breaches of record-keeping laws and failure to issue pay slips.

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D-Studio Architects Pty Ltd

Date of undertaking: 9 December 2014

D-Studio Architects entered into an enforceable undertaking with us after we determined a student intern was underpaid their minimum hourly pay rate and annual leave entitlements. 

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Gurukirpa Ji Pty Ltd

Date of undertaking: 28 November 2014

We determined that 2 employees working in an Indian restaurant in North-East Victoria were underpaid. The underpayments related to wages, annual leave entitlements and unauthorised deductions. There were also breaches of record-keeping laws and failure to issue pay slips. 

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National Union of Workers - General Branch

Date of undertaking: 14 November 2014

We determined that the National Union of Workers (NUW) took adverse action against 4 employees who voted against taking industrial action in support of a new enterprise agreement. The NUW have signed an enforceable undertaking to write to the 4 employees and place a notice on their website apologising for the unlawful behaviour. They have also agreed for their union officials to undertake training on the industrial activities provisions of the Fair Work Act and make a donation to an employment rights legal centre.   

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Patrick Stevedores Holdings Pty Ltd

Date of undertaking: 5 November 2014

Patrick Stevedores Holdings Pty Ltd admitted to unlawfully making payments to employees who engaged in unprotected industrial action in 2013. Patrick's have signed an enforceable undertaking with us agreeing to implement improved monitoring of productivity, as well as organise and pay for workplace relations training for their employees in Fremantle.    

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Addictive Entertainment and Tours Pty Ltd

Date of undertaking: 7 October 2014

Addictive Entertainment and Tours Pty Ltd entered into an enforceable undertaking with us after we determined that they underpaid a casual employee by nearly $4000. As part of the undertaking, Addictive Entertainment has agreed to back-pay the employee, and undergo workplace relations training.

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Coles Supermarkets Australia Pty Ltd

Date of undertaking: 6 October 2014

The supermarket chain Coles Supermarkets Australia Pty Ltd, have signed an enforceable undertaking with us agreeing to revamp its trolley collection services and back-pay 10 trolley collectors for underpayments amounting to $220,174.69. Coles will also establish a $500,000 fund that will be used to back-pay other trolley collectors who are subsequently found to be underpaid.

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JPA Manchester Pty Ltd

Date of undertaking: 29 September 2014

JPA Manchester Pty Ltd entered into an enforceable undertaking after we determined that an employee was underpaid their minimum hourly rate, casual loading, annual leave and leave loading.

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Ausnutrie Pty Ltd and Austrirocks Pty Ltd

Date of undertaking:  21 August 2014

Ausnutrie Pty Ltd and Austrirocks Pty Ltd entered into an enforceable undertaking after we determined that a casual visa holder was underpaid their minimum hourly rate, casual loading, weekend and public holiday penalty rates. 

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MK Train Pty Ltd

Date of undertaking: 12 August 2014

We determined that a South Korean backpacker working in a Brisbane restaurant was underpaid. The underpayment amounted to $2,212.81. The underpayment related to wages, casual loading and penalty rates. 

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Malt Cow Pty Ltd

Date of undertaking: 11 August 2014

Malt Cow Pty Ltd entered into an enforceable undertaking after we determined that junior employees were underpaid their minimum hourly rate, minimum wages for personal leave, annual leave and leave loading. We also determined that annual leave and leave loading was not paid on termination.

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Seine Australia Pty Ltd

Date of Undertaking: 8 August 2014

We determined that employees working in a meat processing plant in regional NSW were underpaid. The underpayment related to breaches including wages, shift penalties and being wrongly stood down on annual leave or leave without pay.     

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Daiso Pty Ltd

Date of undertaking: 8 August 2014

We determined that 27 employees working in a Melbourne retail store were underpaid. The underpayment amounted to almost $40,000 in total. The underpayments related to wages, overtime pay, penalty rates and other entitlements.  

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Wonderkindy Port Melbourne Pty Ltd

Date of undertaking: 6 August 2014

We determined that 114 employees working in a child-care centre were underpaid. The underpayment amounted to over $137,000 in total. The underpayments related to wages and accrued annual leave on termination.

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Sing Ky Pty Ltd

Date of undertaking: 4 August 2014

We determined that 31 employees working for a Chinese restaurant in Adelaide were underpaid. The underpayment was a total of $69,266.74. The underpayment related to minimum hourly rates, casual loading, overtime rates, split shift allowances and penalty rates. 

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B&E Poultry Holdings Pty Ltd

Date of undertaking: 1 August 2014

We determined that 3 Taiwanese backpackers working in the meat processing industry in regional Queensland were underpaid. The underpayment amounted to $25,563.70. The underpayment related to wages, casual loading, overtime and penalty rates

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3CW Chinese Radio Pty Ltd

Date of undertaking: 23 July 2014

3CW Chinese Radio Pty Ltd entered into an enforceable undertaking after we determined that their radio volunteers were in fact employees. The underpayment related to wages, casual loading, and not being paid for the minimum engagement period of four hours. We also found that record-keeping requirements weren't being met. 

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Kanodia Nominees Pty Ltd

Date of undertaking: 10 July 2014

We determined that 17 employees working in a Melbourne food manufacturing business were underpaid. The underpayment amounted to $19,731.18 gross in total. The underpayments related to wages, overtime pay and annual leave loading.

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