2020 to 2021 litigation outcomes
This section provides information on our litigation outcomes for the 2020 to 2021 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 2020 to June 2021
Fair Work Ombudsman v China Bar Buffet (Epping) Pty Ltd
Date: 25 June 2021
Nature of Proceedings: Wages and conditions, making and keeping false employee records and providing these to the FWO and to employees and making and providing to employees false payslips.
Penalty: $309,750
Decision: Fair Work Ombudsman v China Bar Buffet (Epping) Pty Ltd & Ors [2021] FCCA 1430 
Fair Work Ombudsman v Helix Bianca Nominees Pty Ltd
Date: 9 June 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $16,500
Decision: Fair Work Ombudsman v Helix Bianca Nominees Pty Ltd [2021] FCCA 1351
Fair Work Ombudsman v ANS HL Trading Pty Ltd & Ors
Date: 28 May 2021
Nature of Proceedings: Wages and conditions, failure to make and keep records, failure to provide pay slip, knowingly make or keep false and misleading records.
Penalty: $112,420
Decision: Fair Work Ombudsman v ANSHL Trading Pty Ltd [2021] FCCA 1163
Fair Work Ombudsman v Domain Botanical Business Pty Ltd & Anor
Date: 26 May 2021
Nature of Proceedings: Wages and conditions, meal breaks, record-keeping contraventions including failure to make and keep records.
Penalty: $204,120
Decision: Fair Work Ombudsman v Domain Botanical Business Pty Ltd (No 2) [2021] FCCA 1107
Fair Work Ombudsman v MDP Labour Pty Ltd
Date: 25 May 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $33,300
Decision: Ex tempore
Fair Work Ombudsman v SMC Food Truck Pty Ltd
Date: 24 May 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $14,175
Decision: Ex tempore
Fair Work Ombudsman v Jenni International Pty Ltd
Date: 10 May 2021
Nature of Proceedings: Non-compliance with a Compliance Notice, false and misleading document.
Penalty: $63,000
Decision: Ex tempore
Fair Work Ombudsman v Available Dental Care Pty Ltd & Anor
Date: 7 May 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $7,400
Decision: Ex tempore
Fair Work Ombudsman v Amelia Ann Tester
Date: 16 April 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $5,250
Decision: Fair Work Ombudsman v Tester [2021] FCCA 771 (16 April 2021)
Fair Work Ombudsman v Yorktor Pty Ltd & Anor
Date: 16 April 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $3,500
Decision: Fair Work Ombudsman v Yorktor Pty Ltd [2021] FCCA 779
Fair Work Ombudsman v Trucking Services Pty Ltd
Date: 15 April 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $20,000
Decision: Fair Work Ombudsman v Trucking Services Pty Ltd [2021] FCCA 760
Fair Work Ombudsman v ADADN Pty Ltd & Anor
Date: 15 April 2021
Nature of Proceedings: Failure to comply with FWC Order.
Penalty: $53,000
Decision: Fair Work Ombudsman v ADADN Pty Ltd [2021] FCCA 756
Fair Work Ombudsman v Sphere 38 (BNE) Pty Ltd & Anor
Date: 19 March 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $12,500
Decision: Fair Work Ombudsman v Sphere 38 (BNE) Pty Ltd [2021] FCCA 536
Fair Work Ombudsman v Kit Anthony Lam
Date: 12 March 2021
Nature of Proceedings: Wages and conditions.
Penalty: $37,500
Decision: Fair Work Ombudsman v Lam [2021] FCA 205 (11 March 2021)
Fair Work Ombudsman v Panol DC Pty Ltd & Ors
Date: 2 March 2021
Nature of Proceedings: Wages and conditions and failing to keep prescribed information on employee records.
Penalty: $57,800
Decision: Fair Work Ombudsman v Panol Dc Pty Ltd & Ors [2021] FCCA 373
Fair Work Ombudsman v Baal Gammon Copper Pty Ltd & Anor
Date: 25 February 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $23,750
Decision: Fair Work Ombudsman v Baal Gammon Copper Pty Ltd [2021] FCCA 348
Fair Work Ombudsman v Matcraft Pty Ltd & Ors
Date: 18 February 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $30,870
Decision: Fair Work Ombudsman v Matcraft Pty Ltd [2021] FCCA 272
Fair Work Ombudsman v IE Enterprises Pty Ltd & Anor
Date: 11 February 2021
Nature of Proceedings: Wages and conditions, failure to make and keep records, failure to provide payslips, unauthorised deductions.
Penalty: $256,000
Decision: Fair Work Ombudsman v IE Enterprises Pty Ltd [2021] FCA 60
Fair Work Ombudsman v Theill Pipelines Pty Ltd & Anor
Date: 5 February 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $22,050
Decision: Fair Work Ombudsman v Theill Pipelines Pty Ltd & Anor [2021] FCCA 492
Fair Work Ombudsman v Althaus Homes Pty Ltd & Anor
Date: 29 January 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $13,608
Decision: Fair Work Ombudsman v Althaus Homes Pty Ltd [2021] FCCA 126
Fair Work Ombudsman v Kerryn Elizabeth Ainley
Date: 27 January 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $1,250
Decision: Fair Work Ombudsman v Ainley [2021] FCCA 89 (27 January 2021)
Fair Work Ombudsman v Sun Sea Equity Pty Ltd & Anor
Date: 27 January 2021
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $19,000
Decision: Fair Work Ombudsman v Sun Sea Equity Pty Ltd [2021] FCCA 104
Fair Work Ombudsman v T & Sons Pty Ltd & Anor
Date: 22 December 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $26,460
Decision: Fair Work Ombudsman v T & Sons Pty Ltd [2020] FCCA 3519
Fair Work Ombudsman v Inverted Mountain Pty Ltd & Ors
Date: 16 December 2020
Nature of Proceedings: Non-compliance with a Compliance Notice, record keeping and payslips and failure to include information on payslips.
Penalty: $60,480
Decision: Fair Work Ombudsman v Inverted Mountain Pty Ltd [2020] FCCA 3429
Fair Work Ombudsman v Timi Trading Pty Ltd as Trustee for the Nguyen Vo Trust
Date: 25 November 2020
Nature of Proceedings: Wages and conditions, recordkeeping and payslips, false and misleading records.
Penalty: $139,800
Fair Work Ombudsman v Saveway Store Pty Ltd & Anor
Date: 12 November 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $27,783
Decision: Fair Work Ombudsman v Saveway Store Pty Ltd & Anor [2020] FCCA 3042
Fair Work Ombudsman v Tac Pham Pty Ltd & Anor
Date: 12 November 2020
Nature of Proceedings: Wages and conditions and pay slip contraventions.
Penalty: $230,040
Decision: Fair Work Ombudsman v Tac Pham Pty Ltd & Anor [2020] FCCA 3036 (12 November 2020)
Fair Work Ombudsman v Austop Natural Therapies and Supplies Pty Ltd & Ors
Date: 30 October 2020
Nature of Proceedings: Wages and conditions, recordkeeping and payslips, false and misleading records.
Penalty: $19,100
Decision: Fair Work Ombudsman v Austop Natural Therapy and Supplies Pty Ltd & Ors [2020] FCCA 2920
Fair Work Ombudsman v Jenni International Pty Ltd & Anor
Date: 30 October 2020
Nature of Proceedings: Wages and conditions, record keeping and pay slip contraventions.
Penalty: $121,000
Decision: Fair Work Ombudsman v Jenni International Pty Ltd & Anor (No.2) [2020] FCCA 2924
Fair Work Ombudsman v Rekha Thakadiyal Joseph & Anor
Date: 28 October 2020
Nature of Proceedings: Wages and conditions, cashback, record-keeping and payslips, false and misleading records.
Penalty: $119,200
Decision: Fair Work Ombudsman v Joseph & Anor [2020] FCCA 2910
Fair Work Ombudsman v Uhy Sothertons Sydney Pty Ltd
Date: 26 October 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $28,350
Decision: Ex tempore
Fair Work Ombudsman v Zurel Pty Ltd & Anor
Date: 26 October 2020
Nature of Proceedings: Non-compliance with a Compliance Notice, record keeping and pay slip contravention.
Penalty: $43,375.50
Decision: Fair Work Ombudsman v Zurel Pty Ltd & Anor [2020] FCCA 2884
Fair Work Ombudsman v Malevi Pty Ltd & Ors
Date: 22 October 2020
Nature of Proceedings: Wages and conditions, failure to make and keep records, adverse action.
Penalty: $232,545.60
Decision: Fair Work Ombudsman v Malevi Pty Ltd & Ors [2020] FCCA 2875 (22 October 2020)
Fair Work Ombudsman v Corporation Sun Pty Ltd & Anor
Date: 20 October 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $22,680
Decision: Fair Work Ombudsman v Corporation Sun Pty Ltd & Anor [2020] FCCA 2849 (21 October 2020)
Fair Work Ombudsman v Galb Pty Ltd & Anor
Date: 30 September 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $14,500
Decision: Fair Work Ombudsman v Galb Pty Ltd & Anor [2020] FCCA 2712 (30 September 2020)
Fair Work Ombudsman v Soma Kitchen Pty Ltd & Anor (No.2)
Date: 16 September 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $21,924
Decision: Fair Work Ombudsman v Soma Kitchen Pty Ltd & Anor (No.2) [2020] FCCA 2583 (16 September 2020)
Fair Work Ombudsman v Skypac Group Pty Ltd & Ors
Date: 26 August 2020
Nature of Proceedings: Underpayments, cashback provisions, failure to comply with a notice to produce, record-keeping contraventions including making and/ or keeping of false or misleading records.
Penalty: $276,929
Decision: Fair Work Ombudsman v Skypac Group Pty Ltd & Ors [2020] FCCA 2332 (26 August 2020)
Fair Work Ombudsman v Austrend International Pty Ltd & Anor
Date: 20 August 2020
Nature of Proceedings: Adverse action (sex and pregnancy discrimination).
Penalty: $18,300
Decision: Fair Work Ombudsman v Austrend International Pty Ltd (No 2) [2020] FCA 1193 (20 August 2020)
Fair Work Ombudsman v Joys Child Care Limited & Anor
Date: 12 August 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $30,240
Decision: Ex tempore
Fair Work Ombudsman v Mashnicisa Pty Ltd & Anor
Date: 16 July 2020
Nature of Proceedings: Failure to pay weekend and public holiday penalty rates, evening loadings and overtime.
Penalty: $86,000
Decision: Fair Work Ombudsman v Mashnicisa Pty Ltd & Anor [2020] FCCA 1934 (16 July 2020)
Fair Work Ombudsman v The Old Cop Shop Eatery Pty Ltd
Date: 10 July 2020
Nature of Proceedings: Non-compliance with a Compliance Notice.
Penalty: $22,050
Decision: Fair Work Ombudsman v The Old Cop Shop Eatery Pty Ltd [2020] FCCA 1884 (10 July 2020)
