A judge has rebuked the FWO over its handling of a case brought against a silo manufacturer accused of underpaying two workers less than $13,000, observing that the "sorry saga" had "developed elephantiasis" and it was time it was brought to an end.
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.
A landmark contempt finding and accompanying jail sentence hailed as proof of the FWO's commitment to justice has been overturned by a full Federal Court that found the ruling judge's "open" hostility to the underpaying employer compromised his ability to consider the evidence.
A fortnight after deciding not to take compliance action against Uber, the FWO has dropped its Federal Court action against Foodora on the basis it would be "highly unlikely" to garner additional payments for its former workforce or penalties against the company.
Uber's business model in Australia has survived another round of regulatory scrutiny, the FWO deciding not to take compliance action after determining that its drivers are not employees.
The Fair Work Ombudsman has foreshadowed a tougher approach to compliance and enforcement in 2019/20, with underpayment of workers in fast food, restaurants and cafes leading its priorities.
The FWO has launched a test case against the operator of a pop-up toy store, seeking to reverse the onus of proof for underpayments and rely for the first time on serious contraventions provisions that potentially expose the company and its director to 10 times the ordinary maximum penalties.
Federal Labor has pledged to establish a new low-cost small claims jurisdiction to deal with wage underpayments, which will "sit alongside" the Fair Work Commission.
Employers should be subject to a stronger onus to prevent s-xual harassment under the existing positive duty to provide safe workplaces under OHS laws, while the Fair Work Act should be amended to include explicit anti-harassment rights, according to Victoria Legal Aid.
