A judge has ordered more than $200,000 in compensation and penalties against two underpaying former company directors at the same time as roundly rejecting FWO attempts to characterise the dental technician involved as a "vulnerable" visa-holder.
Australia's two largest employer groups have rejected the Morrison Government's in-principle commitment to introduce criminal offences for the worst cases of underpayment.
Hospo Voice and Maurice Blackburn are urging the FWO to investigate claims that Rockpool Dining Group might have underpaid workers by $10 million and falsified finger-scanning payroll data, but the company says it has "no evidence" of any group-wide manipulation to intentionally underpay.
The CFMMEU has taken a leaf from the ABCC's playbook by invoking the High Court's 'personal payments order' decision in arguing penalties levied against an underpaying, bankrupt former director of a liquidated company should discourage such practices from being considered as "simply the cost of doing business".
The FWO is prosecuting the operators of a Sydney restaurant for allegedly underpaying a skilled worker on a SubClass 457 visa by more than $150,000 while they maintained "overall control" of his bank account.
Rockpool has hit back at a chef's claims that he was underpaid and expected to work extreme hours while on an annualised salary arrangement, maintaining that it is up to him to produce accurate records and establish any sum allegedly owed.
The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.
The former director of a liquidated dental practice has been penalised and ordered to backpay a 457 visa worker thousands of dollars after a second adverse underpayment judgment involving his company.
