2018 to 2019 litigation outcomes
This section provides information on our litigation outcomes for the 2018 to 2019 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 2018 to June 2019
Fair Work Ombudsman v Sushi Bay ACT Pty Ltd and Rebecca Jeong Shin
Date: 28 June 2019
Nature of Proceedings: Underpayments
Penalty: $124,416 ($103,680 against Sushi Bay ACT Pty Ltd and $20,736 against Rebecca Jeong Shin)
Decision: Fair Work Ombudsman v Sushi Bay Act Pty Ltd & Anor [2019] FCCA 1669 (28 June 2019) 
Fair Work Ombudsman v Safecorp Security Group Pty Ltd and John Lohr
Date: 28 June 2019
Nature of Proceedings: Underpayments and failure to issue payslips or keep records
Penalty: $39,090 (against John Lohr only)
Decision: Fair Work Ombudsman v Safecorp Security Group Pty Ltd & Anor (No.3) [2019] FCCA 1756 (28 June 2019)
Fair Work Ombudsman v Indian Food Catering Pty Ltd and Dharma Reddy Gummi
Date: 30 May 2019
Nature of Proceedings: Failure to comply with a FWC order
Penalty: $5000 (against Indian Food Catering Pty Ltd only)
Decision: Fair Work Ombudsman v Indian Food Catering Pty Ltd & Anor [2019] FCCA 1471 (30 May 2019)
Fair Work Ombudsman v Heiwa International Pty Ltd and Kiyoshi Hasegawa
Date: 28 May 2019
Nature of Proceedings: Underpayments and failure to keep records
Penalty: $203,472 ($169,560 against Heiwa International Pty Ltd and $33,912 against Kiyoshi Hasegawa)
Decision: Fair Work Ombudsman v Heiwa International Pty Ltd & Anor [2019] FCCA 1425 (28 May 2019)
Fair Work Ombudsman v Hasegawa & Ye International Pty Ltd & Kiyoshi Hasegawa
Date: 28 May 2019
Nature of Proceedings: Underpayments and failure to keep records
Penalty: $180,144 ($150,120 against Hasegawa & Ye International Pty Ltd and $30,024 against Kiyoshi Hasegawa)
Decision: Fair Work Ombudsman v Hasegawa & Ye International Pty Ltd & Anor [2019] FCCA 1424 (28 May 2019)
Fair Work Ombudsman v Zucco Farming Pty Ltd and Chris Zucco
Date: 16 May 2019
Nature of Proceedings: Underpayments, false and misleading records, making use of false and misleading records, pay slips
Penalty: $144,000 ($120,000 against Zucco Farming Pty Ltd and $24,000 against Chris Zucco)
Decision: Fair Work Ombudsman v Zucco Farming Pty Ltd & Anor [2019] FCCA 1277 (16 May 2019)
Fair Work Ombudsman v Logan City Electrical Service Division Pty Ltd and Peter Burnitt
Date: 9 April 2019
Nature of Proceedings: Failure to comply with a FWC Order
Penalty: $39,312 ($32,760 against Logan City Electrical Service Division Pty Ltd and $6552 against Peter Burnitt)
Decision: Fair Work Ombudsman v Logan City Electrical Service Pty Ltd & Anor [2019] FCCA 996 (9 April 2019)
Fair Work Ombudsman v G & Z United Pty Ltd and Danmin Zhang
Date: 1 March 2019
Nature of Proceedings: Underpayments and failure to issue payslips or keep records
Penalty: $65,438 ($56,183 against G & Z United Pty Ltd and $9255 against Danmin Zhang)
Decision: Fair Work Ombudsman v G & Z United Pty Ltd & Anor [2019] FCCA 465 (1 March 2019)
Fair Work Ombudsman v Her Fashion Box Pty Ltd & Anor
Date: 28 February 2019
Nature of Proceedings: Underpayments, failure to issue payslips and keep records, failure to comply with NTP
Penalty: $329,133 ($274,278 against Her Fashion Box Pty Ltd and $54,855 against Ms Purkis)
Decision: Fair Work Ombudsman v Her Fashion Box Pty Ltd & Anor [2019] FCCA 425 (28 February 2019)
Fair Work Ombudsman v Abdul Wahid & Sons Pty Ltd & Anor
Date: 15 February 2019
Nature of Proceedings: False and misleading records, failure to issue payslips
Penalty: $77,708 ($66,168 against Abdul Wahid & Sons Pty Ltd and $11,540 against Mr Rana)
Decision: Fair Work Ombudsman v Abdul Wahid & Sons Pty Ltd & Anor [2019] FCCA 297 (15 February 2019)
Fair Work Ombudsman v Ital One Holdings Pty Ltd & Anor
Date: 1 February 2019
Nature of Proceedings: Underpayments, recordkeeping
Penalty: $257,000 ($217,000 against Ital One Holdings Pty Ltd and $40,000 against Mr Di Pietro)
Decision: Fair Work Ombudsman v Ital One Holdings Pty Ltd & Anor [2019] FCCA 187 (1 February 2019)
Fair Work Ombudsman v Xia Jing Qi Pty Ltd & Anor
Date: 18 January 2019
Nature of Proceedings: Underpayment, failure to keep records
Penalty: $171,849.52 ($145,800 against Xia Jing Qi Pty Ltd and $26,049.52 against Ms Xia)
Decision: Fair Work Ombudsman v Xia Jing Qi Pty Ltd & Anor [2019] FCCA 84 (18 January 2019)
Fair Work Ombudsman v Xia Jing Qi Pty Ltd & Anor
Date: 18 January 2019
Nature of Proceedings: Underpayment, unreasonable requirement to spend, false and misleading records and failure to keep records
Penalty: $163,815 ($154,225 against Xia Jing Qi Pty Ltd and $9590 against Ms Lin)
Decision: Fair Work Ombudsman v Xia Jing Qi Pty Ltd & Anor [2019] FCCA 83 (18 January 2019)
Fair Work Ombudsman v Care Providers Pty Ltd & Ors
Date: 21 December 2018
Nature of Proceedings: Sham contracting, underpayments, failure to issue payslips and keep records
Penalty: $216,480.60 ($125,874 against Eastrac Pty Ltd, $77,112 against Klemtrac Pty Ltd, $7711.20 against Mr Welch and $5,783.40 against Mr Wallis)
Decision: Fair Work Ombudsman v Care Providers Pty Ltd & Ors [2018] FCCA 3771 (21 December 2018)
Fair Work Ombudsman v Delahill Pty Ltd & Anor
Date: 13 December 2018
Nature of Proceedings: Failure to comply with a compliance notices
Penalty: $18,000 ($15,000 against Delahill Pty Ltd and $3000 against Mr Rebello)
Decision: Fair Work Ombudsman v Delahill Pty Ltd & Anor [2018] FCCA 3629 (13 December 2018)
Fair Work Ombudsman v Oz Korea Pty Ltd, Sun Gun Hwang, Pioneer Facility Services Pty Ltd and Pioneer Contracting Services Pty Ltd
Date: 7 December 2018
Nature of Proceedings: Underpayments, failure to issue payslips or keep records, false and misleading records
Penalty: $65,400 ($5,000 against Mr Hwang, $20,400 against OzKorea, $20,000 against Pioneer Facility Services and $20,000 against Pioneer Contracting Services Pty Ltd)
Decision: Fair Work Ombudsman v OzKorea Pty Ltd & Ors (No.2) [2018] FCCA 3620 (7 December 2018)
Fair Work Ombudsman v AVA Travel Pty Ltd & Ors
Date: 7 December 2018
Nature of Proceedings: Sham contracting, underpayments, failure to issue payslips or keep records
Penalty: $168,300 ($164,475 against Ava Travel Pty Ltd and $3825 against Mr Yung)
Decision: Fair Work Ombudsman v Ava Travel Pty Ltd & Ors [2018] FCCA 3627 (7 December 2018)
Fair Work Ombudsman v A to Z Catering Solution Pty Limited and Anor
Date: 7 December 2018
Nature of Proceedings: Underpayment, failure to issue payslips, false and misleading records, adverse action
Penalty: $50,100 against Mr Yasin
Decision: Fair Work Ombudsman v A To Z Catering Solution Pty Limited (No.3) [2018] FCCA 3574 (7 December 2018)
Fair Work Ombudsman v SHMAP Group Pty Ltd and Anor
Date: 4 December 2018
Nature of Proceedings: Underpayments, failure to issue payslips, false and misleading records
Penalty: $141,372 ($117,810 against SHMAP Group Pty Ltd and $23,562 against Mr Amin
Decision: Fair Work Ombudsman v SHMAP Group Pty Ltd & Anor [2018] FCCA 3527 (4 December 2018)
Fair Work Ombudsman v F.L Press Pty Ltd & Anor
Date: 23 November 2018
Nature of Proceedings: Underpayments, failure to pay wages on termination and redundancy
Penalty: $27,500 against Mr Skalkos
Decision: Fair Work Ombudsman v F.L. Press Pty Ltd & Anor (No.3) [2018] FCCA 3339 (23 November 2018)
Fair Work Ombudsman v Hadya Nominees Pty Ltd & Anor
Date: 19 October 2018
Nature of Proceedings: Underpayments, uniform allowance, failure to provide breaks between work periods, failure to issue payslips or keep records
Penalty: $130,723.20 ($108,936 against Hadya Nominees Pty Ltd and $21,787.20 against Mr Haddad)
Decision: Fair Work Ombudsman v Hadya Nominees Pty Ltd & Anor [2018] FCCA 2961 (19 October 2018)
Fair Work Ombudsman v Déjà vu Elite Security Pty Ltd & Anor
Date: 19 October 2018
Nature of Proceedings: Underpayments, failure to agree on regular pattern of work, failure to issue payslips or keep records, false and misleading records; failure to comply with NTP
Penalty: $189,540 ($157,950 against Déjà vu Elite Security Pty Ltd and $31,590 against Mr Haddad)
Fair Work Ombudsman v ZNZ Education Pty Ltd & Ors
Date: 17 October 2018
Nature of Proceedings: Underpayments, failure to issue payslips or keep records
Penalty: $24,301.50 ($23,290 against Ms Zhang and $1011.50 against Mr Li)
Decision: Fair Work Ombudsman v ZNZ Education Pty Ltd & Ors [2018] FCCA 3136 (17 October 2018)
Fair Work Ombudsman v Poisson Pty Ltd & Anor
Date: 5 October 2018
Nature of Proceedings: Failing to pay entitlements under the Restaurant Industry Award, failing to pay accrued annual leave on termination, record keeping and failing to issue payslips with the required information
Penalty: $168,924 ($142,144 against Poisson Pty Ltd and $26,780 against Ms Yogo)
Decision: Fair Work Ombudsman v Poisson Pty Ltd & Anor [2018] FCCA 2766 (5 October 2018)
Fair Work Ombudsman v Davdot Pty Ltd t/a Davdot Facility Services & David Hinchcliffe
Date: 21 September 2018
Nature of Proceedings: Underpayments, failure to make and keep prescribed employee records, failure to comply with NTP
Penalty: $144,000 ($119,000 against Davdot and $25,000 against David Hinchcliffe)
Fair Work Ombudsman v Wok Me Corporate NQ Pty Ltd & Anor
Date: 18 September 2018
Nature of Proceedings: Underpayments, failure to keep records and payslips; failure to provide Fair Work Information Statement
Penalty: $72,576 ($60,480 against Wok Me Corporate NQ Pty Ltd and $12,096 against Luke McGrath)
Decision: Fair Work Ombudsman v Wok Me Corporate NQ Pty Ltd & Anor [2018] FCCA 2635 (18 September 2018)
Fair Work Ombudsman v Touchpoint Media Pty Ltd & Laurence Bernard Ward
Date: 4 September 2018
Nature of Proceedings: Underpayments, failure to issue payslips or keep records, false and misleading records
Penalty: $264,384 ($220,320 against Touchpoint Media and $44,064 against Laurence Bernard Ward)
Decision: Fair Work Ombudsman v Touchpoint Media Pty Ltd & Laurence Bernard Ward (4 September 2018)
Fair Work Ombudsman v Lycamobile Pty Ltd
Date: 29 August 2018
Nature of Proceedings: Failure to pay overtime
Penalty: $25,000
Decision: Fair Work Ombudsman v Lycamobile Pty Ltd [2018] FCCA 1892 (29 August 2018)
Fair Work Ombudsman v The Meatball and Wine Bar Pty Ltd
Date: 21 August 2018
Nature of Proceedings:Underpayments, recordkeeping
Penalty: $31,320 against The Meatball and Wine Bar Pty Ltd
Decision: Fair Work Ombudsman v The Meatball And Wine Bar Pty Ltd [2018] FCCA 2288 (21 August 2018)
Fair Work Ombudsman v Hongyen Pty Ltd & Anor
Date: 16 August 2018
Nature of Proceedings:Underpayments
Penalty: $10,560 against Mr Tran
Decision: Fair Work Ombudsman v Hongyen Pty Ltd & Anor (No.2) [2018] FCCA 2232 (16 August 2018)
Fair Work Ombudsman v Bundaberg Refrigerated Transport Pty Ltd
Date: 7 August 2018
Nature of Proceedings: Underpayments, failure to provide FWIS, failure to provide a written agreement
Penalty: $80,000 against Bundaberg Refrigerated Transport Pty Ltd
Decision: Fair Work Ombudsman v Bundaberg Refrigerated Transport Pty Ltd [2018] FCCA 2276 (7 August 2018)
Fair Work Ombudsman v Alertvale Pty Ltd
Date: 24 July 2018
Nature of Proceedings: Failure to pay in lieu of providing notice of termination, failure to pay redundancy, failure to pay wages in full (unpermitted deductions)
Penalty: $31,590
Decision: Fair Work Ombudsman v Alertvale Pty Ltd [2018] FCCA 1998 (24 July 2018)
Fair Work Ombudsman v VIP Security Services Pty Ltd & Adam Marcinkowski
Date: 20 July 2018
Nature of Proceedings: Underpayments, false and misleading records, making use of false and misleading records, pay slips
Penalty: $115,668 (against Mr Marcinkowski)
Fair Work Ombudsman v WCH Services Pty Ltd & William Collen Hancock
Date: 10 July 2018
Nature of Proceedings: Non compliance with FWC Order
Penalty: $38,880 ($32,400 against WCH Services and $6480 against Mr Hancock)
Decision: Fair Work Ombudsman v WCH Services Pty Ltd & Anor [2018] FCCA 1878 (10 July 2018)
Fair Work Ombudsman v WCH Services Pty Ltd & William Collen Hancock
Date: 10 July 2018
Nature of Proceedings: Non compliance with FWC Order
Penalty: $45,360 ($37,800 against WCH Services and $7560 against Mr Hancock)
Decision: Fair Work Ombudsman v WCH Services Pty Ltd & Anor [2018] FCCA 1877 (10 July 2018)
Fair Work Ombudsman v WCH Services Pty Ltd & William Collen Hancock
Date: 10 July 2018
Nature of Proceedings: Non compliance with FWC Order
Penalty: $51,840 ($43,200 against WCH Services and $8640 against Mr Hancock)
Decision: Fair Work Ombudsman v WCH Services Pty Ltd & Anor [2018] FCCA 1876 (10 July 2018)
