2019 to 2020 litigation outcomes
This section provides information on our litigation outcomes for the 2019 to 2020 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 2019 to June 2020
Fair Work Ombudsman v Mpowa Pty Ltd & Kia Silverbrook
Date: 18 June 2020
Nature of Proceedings: Failure to; pay amounts payable for work in full; pay amounts payable in respect of paid public holidays; pay untaken annual leave on termination of employment; pay minimum rates of pay in accordance with Clerks Award; pay casual loading in accordance with Clerks Award; pay national minimum wage; and pay safety net contractual entitlements.
Penalty: $116,280.00 ($96,900 against Mpowa Pty Ltd and $19,380 against Kia Silverbrook)
Decision: Fair Work Ombudsman v Priority Matters Pty Ltd & Anor (No.5) [2020] FCCA 901 (18 June 2020) 
Fair Work Ombudsman v Kia Silverbrook and Janette Lee
Date: 18 June 2020
Nature of Proceedings: Failure to; pay amounts payable for work in full; pay amounts payable in respect of paid public holidays; pay untaken annual leave on termination of employment; pay minimum rates of pay in accordance with Clerks Award; pay casual loading in accordance with Clerks Award; pay national minimum wage; and pay safety net contractual entitlements.
Penalty: $26,520.00 ($13,260 against Kia Silverbrook and $13,260 against Janette Lee)
Decision: Fair Work Ombudsman v Priority Matters Pty Ltd & Anor (No.5) [2020] FCCA 901 (18 June 2020)
Fair Work Ombudsman v Geneasys Pty Ltd (in liq) & Kia Silverbrook
Date: 18 June 2020
Nature of Proceedings: Failure to; pay amounts payable for work in full; pay amounts payable in respect of paid public holidays; pay untaken annual leave on termination of employment; pay minimum rates of pay in accordance with Clerks Award; pay casual loading in accordance with Clerks Award; pay national minimum wage; and pay safety net contractual entitlements.
Penalty: $48,960.00 ($40,800 against Superlattice Pty Ltd and $8160 against Kia Silverbrook)
Decision: Fair Work Ombudsman v Priority Matters Pty Ltd & Anor (No.5) [2020] FCCA 901 (18 June 2020)
Fair Work Ombudsman v Superlattice Solar Pty Ltd & Kia Silverbrook
Date: 18 June 2020
Nature of Proceedings: Failure to; pay amounts payable for work in full; pay amounts payable in respect of paid public holidays; pay untaken annual leave on termination of employment; pay minimum rates of pay in accordance with Clerks Award; pay casual loading in accordance with Clerks Award; pay national minimum wage; and pay safety net contractual entitlements.
Penalty: $48,960.00 ($40,800 against Superlattice Pty Ltd and $8160 against Kia Silverbrook)
Decision: Fair Work Ombudsman v Priority Matters Pty Ltd & Anor (No.5) [2020] FCCA 901 (18 June 2020)
Fair Work Ombudsman v Priority Matters Pty Ltd & Kia Silverbrook
Date: 18 June 2020
Nature of Proceedings: Failure to pay amounts payable for work in full; pay amounts payable in respect of paid public holidays; pay untaken annual leave on termination of employment; pay minimum rates of pay in accordance with Clerks Award; pay casual loading in accordance with Clerks Award; pay national minimum wage; and pay safety net contractual entitlements.
Penalty: $61,200.00 ($51,000.00 against Priority Matters Pty Ltd and $10,200.00 against Kia Silverbrook)
Decision: Fair Work Ombudsman v Priority Matters Pty Ltd & Anor (No.5) [2020] FCCA 901 (18 June 2020)
Fair Work Ombudsman v Nine Dragons Pty Ltd & Ors
Date: 29 May 2020
Nature of Proceedings: Failure to; pay minimum rates of pay; Saturday penalty rate; public holiday penalty rate; overtime rates; keep records; and include prescribed information in pay slips.
Penalty: 100,000.00 ($88,000.00 against Nine Dragons Pty Ltd, $7000 against Mr Shao and $5000 against Ms Ding)
Fair Work Ombudsman v Wynn Sichuan Pty Ltd & Ors
Date: 29 May 2020
Nature of Proceedings: Failure to; pay minimum rates of pay; Saturday penalty rate; public holiday penalty rate; overtime rates; keep records; and include prescribed information in pay slips.
Penalty: $109,000.00 ($95,000.00 against Wynn Sichuan Pty Ltd, $8000 against Mr Shao and $6000 against Ms Ding)
Fair Work Ombudsman v Waechter and Anor [2020] FCCA 1367
Date: 29 May 2020
Nature of Proceedings: Providing pay slips that did not include prescribed by regulation 3.46 of the FW Regulations and failure to; pay the applicable minimum hourly rates for ordinary hours worked; casual loading; weekend and public holiday penalty rates; overtime; minimum engagement; and pay annual leave on termination of employment; make payment in full for work performed at least monthly, give pay slips to employees within one working day of payment comply with NTP.
Penalty: $100,000 ($78,000 against Oya Waechter and $22,000 against Peter Waechter)
Decision: Fair Work Ombudsman v Waechter & Anor [2020] FCCA 1367 (29 May 2020)
Fair Work Ombudsman v HSCC Pty Ltd, HSCK Pty Ltd, HSPF Pty Ltd & Ors
Date: 18 May 2020
Nature of Proceedings: Failure to; properly pay employees minimum rates of pay, penalty rates, overtime and special clothing allowance; properly pay full-time employees annual leave on termination of employment; make superannuation contributions for the benefit of employees, make and keep various employee records; give pay slips to employees within one working day of payment. Knowingly creating false or misleading records and making use of false or misleading records by producing them to the FWO.
Penalty: $891,000 ($225,000 against HSCC Pty Ltd, $225,000 against HSCK Pty Ltd, $150,000 against HSPF Pty Ltd, $85,000 against Duek Hee Lee, $85,000 against Hokun Hwang, $75,000 against Chang Seok Lee, $16,000 against Ji Won Cho, $30,000 against Junsung Kin
Decision: Fair Work Ombudsman v HSCC Pty Ltd [2020] FCA 655 (18 May 2020)
Fair Work Ombudsman v GQ Industries Pty Ltd and Anor
Date: 24 April 2020
Nature of Proceedings: Adverse action; failure to pay ordinary wages, travel allowances, overtime, Saturday penalty rates, public holiday absences, personal leave, annual leave entitlements, record keeping and pay slips enforcement of safety net contractual entitlement was sought.
Penalty:$177,174 ($147,645 against GQ Industries Pty Ltd and $29,529 against Mr Angus)
Decision: Fair Work Ombudsman v G.Q. Industries Pty Ltd & Anor [2020] FCCA 928 (24 April 2020)
Fair Work Ombudsman v Lindsay F Nelson Manufacturing & Anor
Date: 3 April 2020
Nature of Proceedings: Underpayments, non-compliance with NTP
Penalty: $60,000 ($50,000 against Lindsay F Nelson Manufacturing and $10,000 against Mr Nelson)
Decision: Fair Work Ombudsman v Lindsay F. Nelson Manufacturing Pty Ltd (No.2) [2020] FCCA 718 (3 April 2020)
Fair Work Ombudsman v ASGBRIS Pty Ltd & Anor
Date: 13 March 2020
Nature of Proceedings: Non-compliance with a compliance Notice
Penalty: $8,505 ($7087.50 against ASGBRIS Pty Ltd and $1417.50 against Mr Ward)
Decision: Fair Work Ombudsman v ASGBRIS Pty Ltd & Anor [2020] FCCA 553 (13 March 2020)
Fair Work Ombudsman v Northcoast Security Services Group (in liquidation) & Ors
Date: 13 March 2020
Nature of Proceedings: Underpayments
Penalty: $68,560 ($32,560 against Mr Chouhan and $36,000 against Mr Nelson)
Fair Work Ombudsman v Lovely Care Pty Ltd (No 2) & Anor
Date: 13 February 2020
Nature of Proceedings: Underpayments
Penalty: $41,580 ($36,000 against Lovely Care Pty Ltd and $5580 against Ms Bonilla)
Decision: Fair Work Ombudsman v Lovely Care Pty Ltd & Anor (No.2) [2020] FCCA 257 (13 February 2020)
Fair Work Ombudsman v Australian Workers’ Union
Date: 7 February 2020
Nature of Proceedings: Industrial Activities - Adverse Action
Penalty: $18,000 against Australian Workers’ Union
Decision: Fair Work Ombudsman v Australian Workers' Union [2020] FCA 60 (7 February 2020)
Fair Work Ombudsman v Sinpek Pty Ltd (In Liquidation) & Ors
Date: 20 January 2020
Nature of Proceedings: Underpayments, record keeping, payslips, failure to comply with an NTP
Penalty: $210,000 ($120,000 against K Singh and $90,000 against U Singh)
Decision: Fair Work Ombudsman v Sinpek Pty Ltd (In Liquidation) & Ors (No.3) [2020] FCCA 88 (20 January 2020)
Fair Work Ombudsman v Scott Redmond trading as Cleaning Excellence
Date: 19 December 2019
Nature of Proceedings: Non-compliance with a compliance Notice, non-compliance with NTP, payslips
Penalty: $17,190 against Scott Redmond
Fair Work Ombudsman v Mamak Pty Ltd (ACN 118 546 857) (In Liquidation) & Ors
Date: 11 December 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, penalty rates, public holiday allowances, leave loading); Record keeping (providing adequate payslips, making false or misleading records, failing to keep records)
Penalty: -
Decision: Fair Work Ombudsman v Mamak Pty Ltd (In Liquidation) & Ors [2019] FCCA 3582 (11 December 2019)
Fair Work Ombudsman v Auspac Hospitality Management Pty Ltd & Anor
Date: 3 December 2019
Nature of Proceedings: Underpayments (failure to pay loading and penalty rates), Record keeping, payslips
Penalty: $113,808 ($75,000 against Auspac Hospitality Management Pty Ltd and $38,808 against Mr Wang)
Fair Work Ombudsman v Bradley Wells
Date: 3 December 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, industry allowance, loading, over-time and penalty rates); Failure to comply with NTP
Penalty: $41,040 against Mr Wells
Decision: Fair Work Ombudsman v Wells [2019] FCCA 3488 (3 December 2019)
Fair Work Ombudsman v Jewel Bay 2015 Pty Ltd (ACN 600 227 174) & Anor
Date: 22 November 2019
Nature of Proceedings: Pregnancy discrimination
Penalty: $37,800 ($31,500 against Jewel Bay 2015 Pty Ltd and $6300 against Mr Tajeddine)
Decision: Fair Work Ombudsman v Jewel Bay 2015 Pty Ltd & Anor [2019] FCCA 3561 (22 November 2019)
Fair Work Ombudsman v Loke Cheng Wong
Date: 19 November 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading, penalty rates, overtime, minimum periods); Failure to accrue annual and personal leave entitlements;
Penalty: $10,125 against Mr Wong
Fair Work Ombudsman v Gateharvest Pty Ltd & Loke Cheng Wong
Date: 19 November 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading, penalty rates, overtime, minimum periods); Failure to accrue annual and personal leave entitlements; Record keeping, payslips
Penalty: $142,156 ($131,626 against Gateharvest Pty Ltd and $10,530 against Mr Wong)
Fair Work Ombudsman v PPR Ryde (NSW) Pty Ltd & Anor
Date: 19 November 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading, penalty rates, overtime, minimum periods); Failure to accrue annual and personal leave entitlements; Record keeping, payslips
Penalty: $155,521 ($141,751 against PPR Ryde (NSW) Pty Ltd and $13,770 against Mr Wong)
Fair Work Ombudsman v Desire Food Pty Ltd & Anor
Date: 15 November 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, penalty rates, public holiday allowances, leave loading, uniform allowance, meal breaks, minimum engagement, transport allowance); Record keeping, payslips, failure to pay employees regularly, payslips and false/misleading records
Penalty: $75,400 ($63,500 against Desire Food Pty Ltd and $11,900 against Mr Lee)
Decision: Fair Work Ombudsman v Desire Food Pty Ltd & Anor [2019] FCCA 2979 (15 November 2019)
Fair Work Ombudsman v Pulis Plumbing Pty Ltd & Anor
Date: 15 November 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading and penalty rates); Record keeping, payslips and false/misleading records.
Penalty: $151,200 ($124,000 against Pulis Plumbing Pty Ltd and $27,200 against Mr Pulis)
Decision: Fair Work Ombudsman v Pulis Plumbing Pty Ltd & Anor [2019] FCCA 3192 (15 November 2019)
Fair Work Ombudsman v Abella Travel Pty Ltd & Anor
Date: 13 November 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, base rate of pay, annual leave, over-time, loading and penalty rates); Requiring employees to pay back part of their wages; Record keeping, payslips and false/misleading records.
Penalty: $398,520 ($332,100 against Abella Travel Pty Ltd and $66,420 against Mr Lee)
Decision: Fair Work Ombudsman v Abella Travel Pty Ltd & Anor [2019] FCCA 3262 (13 November 2019)
Fair Work Ombudsman v QHA Foods Pty Ltd (ACN 166 392 436) & Ors
Date: 1 November 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, loading and penalty rates); failure to provide minimum engagement for casual and part-time employees; Record keeping, payslips and false/misleading records.
Penalty: $104,000 ($80,000 against QHA Foods Pty Ltd, $12,000 against Mr Kumarasamy and Mr Raghuram respectively)
Decision: Fair Work Ombudsman v Qha Foods Pty Ltd & Ors [2019] FCCA 3120 (1 November 2019)
Fair Work Ombudsman v National Union of Workers
Date: 30 October 2019
Nature of Proceedings: Engaging in industrial action before nominal expiry date (s417), contravention of a FWC Order to stop industrial action (s421) coercion of duties to a particular person (s355(b))
Penalty: $72,900 (against the National Union of Workers)
Decision: Fair Work Ombudsman v National Union of Workers [2019] FCA 1826 (30 October 2019)
Fair Work Ombudsman v Nobrace Centre Pty Ltd (In Liquidation) (ACN 121 556 447) & Ors
Date: 22 October 2019
Nature of Proceedings: Underpayments (failure to pay minimum hourly rates, overtime, weekend loading, holiday penalty rates and annual leave entitlements); record keeping, payslips and false/misleading records; failure to pay employee in full and unauthorised deductions; Failure to comply with a NTP
Penalty: $73,000 ($18,000 against Mrs Masters and $55,000 against Mr Masters)
Fair Work Ombudsman v Westside Petroleum Retail 1 Pty Ltd & Ors
Date: 2 October 2019
Nature of Proceedings: Underpayments
Penalty: $57,000 ($45,000 against Westside Petroleum Retail 1 Pty Ltd, $4000 against P Riad, F Ieraci and S Khawaja respectively)
Decision: Fair Work Ombudsman v Westside Petroleum Retail 1 Pty Ltd & Ors [2019] FCCA 2784 (2 October 2019)
Fair Work Ombudsman v Broome Helicopter Services Pty Ltd & Anor
Date: 27 September 2019
Nature of Proceedings: Underpayments
Penalty: $40,260 ($33,550 against Broome Helicopter Services Pty Ltd and $6710 against J Calandra)
Decision: Fair Work Ombudsman v Broome Helicopter Services & Anor (No.2) [2019] FCCA 2713 (27 September 2019)
Fair Work Ombudsman v NSW Motel Management Services Pty Ltd & Ors
Date: 20 September 2019
Nature of Proceedings: Underpayments, record keeping and payslips, failure to provide FW Statement, failure to prepare award compliant rosters, making or keeping false records, adverse action
Penalty: $280,000 ($220,000 against NSW Motel Management and $50,000 against M Parkes and $10,000 against R Parkes)
Fair Work Ombudsman v A & K Property Services Pty Ltd, Yong Sin Kim, Hyun Jun Kang and Jungpyo Lee
Date: 16 August 2019
Nature of Proceedings: Underpayments and failure to issue payslips or keep records
Penalty: $125,700 ($108,000 against A & K Property Services Pty Ltd, $10,600 against Yong Sin Kim, $3550 against Hyun Jun Kang and $3550 against Jungpyo Lee)
Decision: Fair Work Ombudsman v A & K Property Services Pty Ltd & Ors [2019] FCCA 2259 (16 August 2019)
Fair Work Ombudsman v Nobrace Centre Pty Ltd and Ari Masters (No. 2)
Date: 6 August 2019
Nature of Proceedings: Failure to comply with a compliance notice
Penalty: $5355 (against Ari Masters only)
Decision: Fair Work Ombudsman v Nobrace Centre Pty Ltd & Anor (No.2) [2019] FCCA 2144 (6 August 2019)
Fair Work Ombudsman v Eagle Tours Pty Limited
Date: 1 August 2019
Nature of Proceedings: Underpayments
Penalty: $89,250
Decision: Fair Work Ombudsman v Eagle Tours Pty Limited [2019] FCCA 2099 (1 August 2019)
Fair Work Ombudsman v A & S Wholesale Fruit & Vegetables Pty Ltd, Stephen Fanous and Etherah Louli
Date: 4 July 2019
Nature of Proceedings: Underpayments, failure to provide pay slips, false and misleading records, making use of false and misleading records and unreasonable hours
Penalty: $243,000 ($200,000 against A & S Wholesale Fruit & Vegetables Pty Ltd, $30,000 against Stephen Fanous and $13,000 against Etherah Louli)
