2019 to 2020 enforceable undertakings
Find the enforceable undertakings the Fair Work Ombudsman has entered into during 2019 to 2020.
ABC
Date of undertaking: June 2020
The Australian Broadcasting Corporation (ABC) has back-paid over $11.9 million to more than 1,800 current and former casual staff and entered into an Enforceable Undertaking with the Fair Work Ombudsman.
Copy of undertaking:
Copy of media release:
Activ Foundation Inc.
Date of undertaking: March 2020
Activ Foundation Inc. has entered into a Court-Enforceable Undertaking with the Fair Work Ombudsman after self-disclosing that it underpaid 1695 current and former employees, in diverse roles such as manufacturing, property maintenance, landscaping and product packaging.
Copy of undertaking:
Copy of media release:
Qantas Airways Limited
Date of undertaking: March 2020
Qantas Airways Limited (Qantas) has entered into a Court-Enforceable Undertaking (EU) with the Fair Work Ombudsman and will back pay hundreds of workers millions of dollars.
Copy of undertaking:
- Qantas Enforceable Undertaking, including Schedule A and Schedule B
- Qantas Enforceable Undertaking
- Schedule A and Schedule B, Qantas Enforceable Undertaking
Copy of media release:
Lifestyle Solutions Ltd
Date of undertaking: December 2019
Lifestyle Solutions Ltd has entered into a Court-Enforceable Undertaking with the Fair Work Ombudsman after self-disclosing underpayments for 124 current and former employees. An internal audit found underpayments of overtime, Saturday and Sunday rates. Lifestyle Solutions has agreed to back-pay affected employees a total of $6.36 million in wages, superannuation and interest.
Copy of undertaking:
Copy of media release:
MOS Burger Australia Pty Ltd
Date of undertaking: December 2019
MOS Burger Australia Pty Ltd has entered into a Court-Enforceable Undertaking with the Fair Work Ombudsman after an investigation found contraventions of the Fast Food Industry Award 2010. It found that the company had paid unlawfully low flat rates to workers and misclassified some employees as part-time when they were in fact casuals. The employer has back-paid $1.12 million to 285 former and current Queensland workers.
Under the Enforceable Undertaking, MOS Burgers Australia must fund external auditors to check pay and conditions for workers employed in 2019 and 2020 and rectify any underpayments. The company must also register with the My account portal and ensure all senior managers and human resources, recruitment and payroll staff complete training on workplace laws.
Copy of undertaking:
Copy of media release:
Couriers Please Pty Ltd
Date of undertaking: November 2019
Couriers Please Pty Ltd entered into a Court-Enforceable Undertaking with the Fair Work Ombudsman after underpaying staff $382,065 over an 8-year period.
Under the Court-Enforceable Undertaking, they must:
- display notices at the workplace and online detailing their breaches and information about employee entitlements
- register with My account and complete online courses for employers
- fund workplace relations training for their payroll and human resources staff.
Copy of undertaking:
Copy of media release:
Sean and Eddy Pty Ltd
Date of undertaking: October 2019
Sean and Eddy Pty Ltd, trading as Coffee Club, has entered into a Court-Enforceable Undertaking with the Fair Work Ombudsman after Fair Work Inspectors found a migrant worker was paid below the minimum award pay rate, and not receiving penalties. The employer has paid back the employee a total of $36,745 and will improve their payroll process and undertake external audits to ensure that all staff are paid correctly in the future.
Copy of undertaking:
Copy of media release:
Catalyst Child and Family Services Ltd
Date of undertaking: October 2019
Catalyst Child and Family Services Limited entered into a Court-Enforceable Undertaking with the Fair Work Ombudsman after they self-disclosed that they underpaid up to 200 current and former employees. The organisation alerted the regulators after a review found it had underpaid overtime rates, allowances for shift, on-call and sleepover allowances and made errors in classifying employees since it began operating in 2013. They will back-pay workers approximately $200,000 after breaching Australia’s workplace laws.
Copy of undertaking:
Copy of media release:
Luxottica Retail Australia Pty Ltd
Date of undertaking: September 2019
Luxottica Retail Australia Pty Ltd, trading as Sunglass Hut, has entered into a Court-Enforceable Undertaking with the Fair Work Ombudsman after self-disclosing that it underpaid 620 current and former employees. Sunglass Hut underpaid workers a total of $2,294,496 in overtime wages, with individual underpayments ranging from $4 up to $42,912.
Copy of undertaking:
Copy of media release:
Thales Australia Limited
Date of undertaking: October 2019
Thales Australia Limited entered into an Court-Enforceable Undertaking with the Fair Work Ombudsman after they self-disclosed that they had paid annual salaries below what employees were entitled to under the applicable enterprise agreements. This led to underpayments of minimum wages, overtime, annual leave entitlements and superannuation. The employer has back-paid $7.44 million to 407 current and former employees that were underpaid.
Copy of undertaking:
Copy of media release:
T J D Sayoco Pty Ltd
Date of undertaking: August 2019
T J D Sayoco Pty Ltd, trading as Han's Cafe Mandurah, entered into an EU with us after Fair Work inspectors found staff were being paid below the minimum award pay rates, and not receiving penalties and overtime rates. The employer has paid back their employees a total of $27,086 and will improve their payroll process and undertake external audits to ensure that all staff are paid correctly in the future.
Copy of undertaking:
Copy of media release:
MADE Establishment Pty Ltd
Date of undertaking: July 2019
MADE Establishment Pty Ltd entered into an EU with the Fair Work Ombudsman when representatives of MADE Establishment at their own initiative notified the FWO that they had identified non-compliance. This led to underpayment contraventions under the Restaurant Industry Award 2010.
Copy of undertaking:
