2017 to 2018 litigation outcomes
This section provides information on our litigation outcomes for the 2017 to 2018 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 2017 to June 2018
House of Polish Central Pty Ltd (t/as House of Polish Nails & Beauty) & Mr Minh Gia Le
Date: 29 June 2018
Nature of Proceedings: Underpayments, false and misleading records, making use of false and misleading records, pay slips
Penalty: $130,000.00 ($100,000.00 against House of Polish Central Pty Ltd, $30,000.00 against Mr Minh Gia Le)
Decision: Fair Work Ombudsman v Le & Anor [2018] FCCA 1578 
Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union (Hutchison Ports Australia)
Date: 21 June 2018
Nature of Proceedings: Industrial action
Penalty: $38,000.00 against the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)
Decision: Fair Work Ombudsman v Construction, Forestry, Maritime, Mining and Energy Union [2018] FCA 934 
Skyter Trade Pty Ltd and Mr Dong Zhao
Date: 8 June 2018
Nature of Proceedings: Sham contracting, failure to comply with enterprise agreement, underpayments, pay slips, false and misleading records, failure to comply with NTP
Penalty: $216,700.00 ($180,000.00 against Skyter Trade Pty Ltd, $36,700.00 against Mr Dong Zhao)
Decision: Fair Work Ombudsman v Skyter Trade Pty Ltd and Dong Zhao [2018] FCCA 1483
Photoplus Australia Pty Ltd t/as Photoplus and Mr Seung-Geun (Stephen) Choi
Date: 6 June 2018
Nature of Proceedings: Underpayments, record-keeping and pay slips
Penalty: $73,908.00 ($68,520.00 against Photoplus Australia Pty Ltd, $5388.00 against Mr Seung-Geun (Stephen) Choi)
Decision: Fair Work Ombudsman v Photoplus Australia Pty Ltd & Anor [2018] FCCA 1154
Choi Brothers Pty Ltd t/as Bread Kingdom and Mr Seung-Geun (Stephen) Choi
Date: 6 June 2018
Nature of Proceedings: Underpayments, record-keeping and pay slips
Penalty: $60,912.00 ($55,404.00 against Choi Brothers Pty Ltd, $5508.00 against Mr Seung-Geun (Stephen) Choi)
Decision: Fair Work Ombudsman v Choi Brothers Pty Ltd & Anor [2018] FCCA 1155
Yenida Pty Ltd t/as Scamander Beach Hotel Resort and Mr Yen Chang
Date: 24 May 2018
Nature of Proceedings: Discrimination, adverse action, injury in employment, record-keeping and pay slips
Penalty: $211,104.00 ($176,005.00 against Yenida Pty Ltd, $35,099.00 against Mr Yen Chang)
Decision: Fair Work Ombudsman v Yenida Pty Ltd & Anor [2018] FCCA 1342
First Group of Companies Pty Ltd t/as First Placement Consultants and ISS Facility Services Limited, Sharad Patel, Sidarth Luthra and ISS Facility Services Australia Ltd
Date: 23 May 2018
Nature of Proceedings: Sham contracting, underpayments, pay slips
Penalty: $168,070.50 ($17,926.50 against Sharad Patel, $17,926.50 against Sidarth Luthra, $132,217.50 against ISS Facility Services Australia Ltd)
Decision: Fair Work Ombudsman v First Group of Companies Pty Ltd (Deregistered) & Ors [2018] FCCA 1228
Noorpreet Pty Ltd and Kulpreet Singh
Date: 18 May 2018
Nature of Proceedings: Underpayments, record-keeping, pay slips, false and misleading records
Penalty: $118,440.00 ($98,700.00 against Noorpreet Pty Ltd, $19,740.00 against Kulpreet Singh)
Decision: Fair Work Ombudsman v Noorpreet Pty Ltd & Anor [2018] FCCA 1246
Rum Runner Trading Pty Ltd (No 2) t/as Brunswick Burger Buzz and Todd Buzza (MLG1334 of 2016)
Date: 9 May 2018
Nature of Proceedings: Failure to comply with compliance notices, failure to comply with NTP, pay slips
Penalty: $223,668.00 ($186,390.00 against Rum Runner Trading Pty Ltd, $37,278.00 against Todd Buzza)
Decision: Fair Work Ombudsman v Rum Runner Trading Pty Ltd & Anor [2018] FCCA 1129
Rum Runner Trading Pty Ltd t/as Brunswick Burger Buzz and Todd Buzza (MLG 2753 of 2016)
Date: 9 May 2018
Nature of Proceedings: Underpayments, Failure to comply with NTP, pay slips, false and misleading records
Penalty: $86,562.00 ($72,105.00 against Rum Runner Trading Pty Ltd, $14,457.00 against Todd Buzza)
Decision: Fair Work Ombudsman v Rum Runner Trading Pty Ltd & Anor [2018] FCCA 1129
JPA Manchester Pty Ltd and Jia Ping Ou
Date: 20 April 2018
Nature of Proceedings: Underpayments, record-keeping, pay slips.
Penalty: $161,838.00 ($153,333.00 against JPA Manchester Pty Ltd, $8505.00 against Jia Ping Ou)
Decision: Fair Work Ombudsman v JPA Manchester Pty Ltd & Anor [2018] FCCA 845
Viplus Pty Ltd trading as 7-Eleven located in 174 Adelaide Street, Brisbane, Queensland and Jason Yuan; Vipper Pty Ltd trading as 7-Eleven located at 231 George St, Brisbane, Queensland and Jason Yuan
Date: 29 March 2018
Nature of Proceedings: Underpayments, record-keepings, pay slips
Penalty: $192,961.00 ($88,140.00 against Viplus, $68,262.00 against Vipper, $36,559.00 against Jason Yuan)
Decision: Fair Work Ombudsman v Viplus Pty Ltd & Anor [2018] FCCA 741
Joban’s Trolley Collections Pty Ltd and Jobanjeet Singh
Date: 29 March 2018
Nature of Proceedings: Underpayments, record-keeping, pay slips, false and misleading records
Penalty: $230,638.00 ($190,128 against Joban’s Trolley Collections Pty Ltd, $40,510.00 against Jobanjeet Singh)
Decision: Fair Work Ombudsman v Joban's Trolley Collection Pty Limited & Anor [2018] FCCA 743
Raying Holding Pty Ltd and Zu Neng Shi
Date: 21 March 2018
Nature of Proceedings: Sham contracting, underpayments, record-keepings, pay slips
Penalty: $43,000.00 ($43,000.00 against Zu Neng Shi)
Decision: Fair Work Ombudsman v Raying Holding Pty Ltd & Anor (No.3) [2018] FCCA 668
Acute Health Pty Ltd t/as Acute Health and Mr Paul Tempany
Date: 19 March 2018 (ex tempore)
Nature of Proceedings: Underpayments, failure to comply with NTPs, record-keeping, pay slips, unauthorised deductions, false and misleading records
Penalty:$300,000.00 ($250,000 against Acute Health Pty Ltd, $50,000 against Paul Tempany)
Decision:Fair Work Ombudsman v Acute Health Pty Ltd & Anor [2018] FCCA 707 (last updated 28 March 2018)
W.X.Z Enterprises Pty Ltd, Xin Tai Xu and Xin Chun Xu
Date: 16 March 2018
Nature of Proceedings: Underpayments, record-keeping, pay slips
Outcome: W.X.Z Enterprises Pty Ltd found to have contravened the Fair Work Act 2009 (Cth). Xin Tai Xu found to be involved in the contraventions pursuant to section 550 of the FW Act. Xin Chun Xu found to be involved in pay slips contraventions.
Decision: Fair Work Ombudsman v WXZ Enterprises Pty Ltd & Ors [2018] FCCA 616
Siner Enterprises Pty Ltd and Simon Mackenzie
Date: 15 March 2018
Nature of Proceedings: Underpayments, adverse action, failure to comply with NTP, record-keeping
Penalty: $208,890.00 ($174,075.00 against Siner Enterprises Pty Ltd, $34,815.00 against Simon Mackenzie)
Decision: Fair Work Ombudsman v Siner Enterprises Pty Ltd & Anor (No.2) [2018] FCCA 589
Nobrace Centre Pty Ltd, Ari Masters and Christine Masters
Date: 22 February 2018
Nature of Proceedings: Underpayments, unauthorised deductions, record-keeping, pay slips, failure to comply with NTP
Outcome: NoBrace Centre Pty Ltd found to have contravened the Fair Work Act 2009 (FW Act). Ari Masters and Christine Masters found to be involved in the contraventions pursuant to section 550 of the FW Act.
Decision: Fairwork Ombudsman v Nobrace Centre Pty Ltd & Ors
Phua and Foo Pty Ltd, t/as Hans Café Armadale
Date: 22 February 2018
Nature of Proceedings: Underpayments
Penalty: $35,000.00 against Phua and Foo Pty Ltd
Decision: Fair Work Ombudsman v Phua & Foo Pty Ltd
David Mayne Pty Ltd and Andrew Mayne
Date: 20 February 2018 (ex tempore)
Nature of Proceedings: Underpayments
Penalty: $56,766.00 ($45,320.00 against David Mayne Pty Ltd, $8446.00 against Andrew Mayne)
Decision: Fair Work Ombudsman v David Mayne Pty Ltd & Anor [2018] FCCA 856 (last updated 11 April 2018)
Tac Pham Pty Ltd t/as Hans Cafe Rockingham and Thi Thu Cuc Pham
Date: 20 February 2018
Nature of Proceedings: Underpayments, pay slips
Penalty: $45,000.00 ($37,500.00 against Tac Pham Pty Ltd, $7500.00 against Thi Thu Cuc Pham)
Decision: Fair Work Ombudsman v Tac Pham Pty Ltd
N.H Bastawrose, A Samaan & A Youssef t/as Save and Deliver Pharmacy
Date: 9 February 2018
Nature of Proceedings: Underpayments, record-keeping, pay slips
Penalty: $45,000.00 ($15,000.00 against Nader Bastawrose, $15,000.00 against Amgad Samaan, $15,000.00 against Ashraf Youssef)
Decision: Fair Work Ombudsman v Bastawrose & Ors
Bishnu Laxmi Ganesha Trading Pty Ltd t/as Brisbane City Thai Massage, Sean Pinnell, Sajana Paudel and Binaya Sapkota
Date: 7 February 2018 (ex tempore)
Nature of Proceedings: Failure to comply with compliance notice, record-keeping, pay slips, false and misleading records
Penalty: $120,225.00 ($97,000.00 against Bishnu Laxmi Ganesha Trading Pty Ltd, $4625.00 against Sean Pinnell, $10,600.00 against Sajana Paudel, $8000.00 against Binaya Sapkota)
Wuyu Pty Ltd, 9th Sky Pty Ltd and Ming Yuan Hu
Date: 2 February 2018
Nature of Proceedings: Record-keeping, pay slips
Penalty: $43,200 ($18,000.00 against Wuyu Pty Ltd, $18,000.00 against 9th Sky Pty Ltd, $7200.00 against Ming Yuan Hu)
Decision: Fair Work Ombudsman v Wuyu Pty Ltd & Ors
Finn Fish Pty Ltd (trading as Red Salmon Restaurant) and Abdul Bilwani
Date: 31 January 2018
Nature of Proceedings: Underpayments, record-keepings, failure to comply with NTP
Penalty: $192,500.00 ($163,000.00 against Finn Fish Pty Ltd, $29,500.00 against Abdul Bilwani)
Decision: Fair Work Ombudsman v Finn Fish Pty Ltd & Anor
Sureguard Security Pty Ltd
Date: 22 December 2017
Nature of Proceedings: Underpayments
Penalty: $81,270.00 ($81,270.00 against Sureguard Security Pty Ltd)
Decision: Fair Work Ombudsman v Sureguard Security Pty Ltd
Kjoo Pty Ltd t/as Masaki, Hyo Jun Kwon and Ok Gyu Lim
Date: 20 December 2017
Nature of Proceedings: Underpayments, record keeping
Penalty: $198,720.00 ($161,760.00 against Kjoo Pty Ltd, $32,352.00 against Hyo Jun Kwon, $4608.00 against Ok Gyu Lim)
Decision: Fair Work Ombudsman v Kjoo Pty Ltd and Ors
Pioneer Personnel Pty Ltd and Aaron Dickinson
Date: 19 December 2017
Nature of Proceedings: Underpayments
Penalty: $16,000.00 ($16,000.00 against Pioneer Personnel Pty Ltd)
Decision: Fair Work Ombudsman v Pioneer Personnel Pty Ltd
Vivien Mahomet t/as Academy for Kids
Date: 15 December 2017
Nature of Proceedings: Underpayments
Penalty: $85,000.00 ($85,000.00 against Vivien Mahomet)
Decision: Fair Work Ombudsman v Mahomet (Trading as Academy for Kids)
S & A Enterprises (Qld) Pty Ltd and Avinash Singh (7-Eleven Vulture St, East Brisbane)
Date: 11 December 2017 (ex tempore)
Nature of Proceedings: Underpayments, failure to comply with NTP, record-keeping, false and misleading records
Penalty: $192,780.00 ($160,650.00 against S & A Enterprises Pty Ltd, $32,130.00 against Avinash Singh)
Pulis Plumbing Pty Ltd and Michael Pulis
Date: 8 December 2017
Nature of Proceedings: Underpayments, failure to comply with NTP, record keeping, pay slips
Penalty: $121,500.00 ($100,000.00 against Pulis Plumbing Pty Ltd and $21,500.00 against Michael Pulis)
Decision: Fair Work Ombudsman v Pulis Plumbing Pty Ltd & Anor
No Land Tax Campaign Incorporated and Peter Jones
Date: 6 December 2017
Nature of Proceedings: Underpayments, record keeping, failure to comply with NTP
Penalty: $80,890.00 ($67,575.00 against No Land Tax Campaign Incorporated and $13,315.00 against Peter Jones)
Decision: Fair Work Ombudsman v No Land Tax Incorporated & Anor
Vinai Chaipom and Andrea Claudia Marie Pauline Delafonteyne t/as The Mango Shop
Date: 5 December 2017
Nature of Proceedings: Sham contracting, underpayments, pay slips
Penalty: $25,412 ($25,412 against Vinai Chaipom)
Decision: Fair Work Ombudsman v Chaipom & Anor
Oliver Brown Soul Pty Ltd (in liq) & Steven Chung
Date: 4 December 2017
Nature of Proceedings: Underpayments, pay slips
Penalty: $32,000.00 ($5000.00 against Oliver Brown Soul Pty Ltd and $27,000.00 against Steven Chung)
Decision: Fair Work Ombudsman v Oliver Brown Soul Pty Ltd & Anor
Commercial and Residential Cleaning Group Pty Ltd, Catherine Paino-Povey and Mark Povey
Date: 22 November 2017
Nature of Proceedings: Underpayments, record keeping, pay slips
Penalty: $361,200.00 ($72,240.00 against Mark Povey, $77,400.00 against Catherine Paino-Povey)
Decision: Fair Work Ombudsman v Commercial and Residential Cleaning Group Pty Ltd & Ors
Blue Impression Pty Ltd (T/A Hanaichi QV), Ezy Accounting 123 Pty Ltd, Sze Teng (Alice) Wong
Date: 16 November 2017
Nature of Proceedings: Underpayments, record keeping, pay slips
Penalty: $169,586.25 ($115,706.25 against Blue Impression Pty Ltd, $53,880.00 against Ezy Accounting 123 Pty Ltd)
Decision:Fair Work Ombudsman v Blue Impression Pty Ltd & Ors (No.2)
NSH North Pty Ltd t/as New Shanghai Charlestown, Mr Zhong Yuan (John) Chen, Ms Ting (Sarah) Zhu and Ms Jin (Jenna) Xu
Date: 10 November 2017
Nature of Proceedings: Underpayments, record keeping
Penalty: $396,848.00 ($301,920.00 against New Shanghai Charlestown, $54,672.00 against Yuan Chen, $21,760.00 against Sarah Zhu, $18,496.00 against Jenna Xu)
Decision:Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown
Z Transport Group Pty Ltd, Vincent Smits
Date: 31 October 2017
Nature of Proceedings: Sham contracting, failure to comply with NTP, wages, payslips
Penalty: $36,000.00 ($36,000.00 against Z Transport Group Pty Ltd and Boxbay (ACN 100 450 299))
Decision:Fair Work Ombudsman v Z Transport Group Pty Ltd & Ors
Koojedda Carpentry Pty Ltd, Mark Gumley and Gemma Gumley
Date: 26 October 2017
Nature of Proceedings: Wages, payslips, failure to comply with NTP
Penalty: $154,995.00 ($139,995.00 against Koodjedda Carpentry Pty Ltd, $3000.00 against Mark Gumley, $12,000.00 against Gemma Gumley
Decision:Fair Work Ombudsman v Koojedda Carpentry Pty Ltd ACN 111 218 476 ATF The Gumley Trust & Ors (No.2)
Siner Enterprises Pty Ltd and Simon Mackenzie
Date: 26 October 2017
Nature of Proceedings: Wages, record keeping, adverse action, failure to comply with NTP
Outcome: Siner Pty Ltd found to have contravened the FW Act. Simon Mackenzie found to be involved in each of the contraventions pursuant to section 550 of the FW Act.
Decision:Fair Work Ombudsman v Siner Enterprises Pty Ltd & Anor
Corioliss Pty Ltd (in liq) & Ors
Date: 13 October 2017
Nature of Proceedings: Underpayments, record keeping, pay slips
Penalty: $70,600.00 ($30,600.00 against Haim Toner Diamond, $40,000.00 against Rina Diamond)
Decision: Fair Work Ombudsman v Corioliss Pty Ltd & Ors
Samurais Paradise Pty Ltd t/as Samurais Paradise and Japanese Curry House Kawaii Restaurant and Shigeo Ishiyama
Date: 12 October 2017
Nature of Proceedings: Underpayments, record keeping, pay slips
Penalty: $284,400.00 ($246,400.00 against Samurai’s Paradise Pty Ltd, $38,000.00 against Shigeo Ishiyama)
Decision: Fair Work Ombudsman v Samurais Paradise Pty Ltd & Anor
Goldfinger Facility Management Pty Ltd and Blagojce Djoneski
Date: 11 October 2017
Nature of Proceedings: Underpayments, pay slips
Penalty: $306,000.00 ($255,000.00 against Goldfinger Facility Management Pty Ltd, $ 51,000.00 against Blagojce Djoneski)
Decision: Fair Work Ombudsman v Goldfinger Facility Management Pty Ltd & Anor
Yenida Pty Ltd t/as Scamander Beach Hotel Resort and Yen Chang
Date: 26 September 2017
Nature of Proceedings: Underpayments, adverse action, discrimination, record keeping
Outcome: Yenida Pty Ltd found to have contravened the FW Act. Yen Chang found to be involved in each of the contraventions pursuant to section 550 of the FW Act.
Decision: Fair Work Ombudsman v Yenida Pty Ltd & Anor
Raying Holding Pty Ltd & Zu Neng Shi
Date: 12 September 2017
Nature of Proceedings: Sham contracting, underpayments, record-keeping, pay slips
Outcome: Zu Neng Shi found to be involved in each of the contraventions pursuant to section 550 of the FW Act.
Decision: Fair Work Ombudsman v Raying Holding Pty Ltd & Anor (No. 2)
Leonard Greenan (No 2)
Date: 30 August 2017
Nature of Proceedings: Failure to comply with compliance notice, record-keeping
Penalty: $10,800.00 against Leonard Greenan
Decision: Fair Work Ombudsman v Greenan
Mhoney Pty Ltd & Anor
Date: 31 July 2017
Nature of Proceedings: Underpayments, record-keeping, pay slips, failure to comply with NTP
Penalty: $660,020.00 ($644,000.00 against Mhoney Pty Ltd, $16,020.00 against Adbudrahman Taleb)
Decision: Fair Work Ombudsman v Mhoney Pty Ltd & Anor
Vipper Pty Ltd and Jason Yuan
Date: 21 July 2017
Nature of proceedings: Underpayments, record-keeping and pay slips
Outcome: Vipper Pty Ltd found to have contravened the FW Act. Jason Yuan found to be involved in each of the contraventions pursuant to section 550 of the FW Act.
Decision: Fair Work Ombudsman v Vipper Pty Ltd & Anor
Viplus Pty Ltd and Jason Yuan
Date: 21 July 2017
Nature of Proceedings: Underpayments, record-keeping and pay slips
Penalty: Viplus Pty Ltd found to have contravened the FW Act. Jason Yuan found to be involved in each of the contraventions pursuant to section 550 of the FW Act.
Decision: Fair Work Ombudsman v Viplus Pty Ltd & Anor
HTA Farmings Pty Ltd & Anor
Date: 21 July 2017
Nature of Proceedings: Underpayments, record-keeping, pay slips, failure to pay in full, in money and at least monthly
Penalty: $84,660.00 ($70,550.00 against HTA Farmings Pty Ltd, $14,110.00 against Tuan Anh Le)
Decision: Fair Work Ombudsman v HTA Farmings Pty Ltd & Anor
JS Top Pty Ltd and Jim Chien Ching Chang
Date: 21 July 2017
Nature of Proceedings: Underpayments, record-keeping, false and misleading records
Penalty: $168,000.00 ($140,000.00 against JS Top Pty Ltd, $28,000.00 against Jim Chien Ching Chang)
Decision: Fair Work Ombudsman v JS Top Pty Ltd & Anor
Grouped Property Services (No 3)
Date: 20 July 2017
Nature of Proceedings: Underpayments, record-keeping, pay slips and sham contracting
Outcome: Grouped Property Services Pty Ltd ordered to pay 95% of the Fair Work Ombudsman’s costs of the first hearing, excluding costs of preparing affidavits, and 75% of the Fair Work Ombudsman’s costs incurred preparing for and appearing at the second hearing.
Decision: Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 3)
