If you wish to keep up to date on employee relation issues, please subscribe to my free newsletter here.

List of enforceable Undertakings secured by the Fair Work Ombudsman in the last six months of 2019

As a “teaser” to my Special Report” on wage theft, I have listed the Enforceable Undertakings entered into by businesses with the FWO for past six months.

An enforceable undertaking (EU) is a written agreement between the FWO and someone who has not followed an Australian workplace law (eg. an employer). EUs are used to fix a problem and make sure it doesn’t happen again.

EU’s are used instead of taking an employer to court. This may occur where:

  • An investigation has shown that workplace laws have not been followed;
  • The employer is prepared to voluntarily fix the issue; and
  • They agree to preventative actions for the future.

Looking for employers advice? Your first call with me is free and with no obligations. Get In Touch

Lifestyle Solutions Ltd. Date of undertaking: December 2019. $6.36 million.

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.

MOS Burger Australia Pty Ltd. Date of undertaking: December 2019. $1.12 million.

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.

Couriers Please Pty Ltd. Date of undertaking: November 2019. $382,065 over an 8-year period.

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. [Ed: It is my belief that the statute of limitation is six years?].

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.

Sean and Eddy Pty Ltd. Date of undertaking: October 2019. $36,745.

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.

Catalyst Child and Family Services Ltd. Date of undertaking: October 2019. $200,000.

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.

Luxottica Retail Australia Pty Ltd. Date of undertaking: September 2019. $2,294,496.

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.

Thales Australia Limited. Date of undertaking: October 2019. $7.44 million.

Thales Australia Limited entered into a 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.

T J D Sayoco Pty Ltd. Date of undertaking: August 2019. $27,086.

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.

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.

George Calombaris and Made Establishment Admit to $7.8 Million Staff Underpayment, which comes with a $200,000 fine and more.