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Recent litigation outcomes

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2010-2011 Financial Year

First quarter (July 2010 - September 2010)

2009 - 2010 Financial Year

Fourth quarter (April 2010 - June 2010)
Third quarter (January 2010 - March 2010)
Second quarter (October 2009 - Decemer 2009)
First quarter (July 2009 - September 2009)

2008 - 2009 Financial Year

Fourth quarter (April 2009 - June 2009)
Third quarter (January 2009 - March 2009)
Second quarter (October 2008 - December 2008)
First quarter (July 2008 - September 2008)

2010-2011 Financial Year

First quarter

August

Date of judgement	30 August 2010
Court	Chief Industrial Magistrates' Court, NSW
Judge	Magistrate Hart
Nature of Proceedings	Wages and conditions
Employer	Chimeara Media Group Pty Ltd (in liquidation) & Leslie Graeme Beard
Amount of Underpayment (if any)	$7,000.00
Penalty	$21,900.00 (Leslie Graeme Beard)
Decision	Fair Work Ombudsman v Chimeara Media Group Pty Ltd (in liquidation) & Leslie Graeme Beard - pdf 777KB

Date of judgement	30 August 2010
Court	Chief Industrial Magistrates Court, Sydney
Judge	Magistrate Hart
Nature of Proceedings	Wages and conditions and Failure to comply with Notice to Produce
Employer	Recruit (NSW) Pty Ltd and Anastasia Kelly
Amount of Underpayment (if any)	$5,072.94
Penalty	$12,000.00 (Anastasia Kelly)
Decision	Awaiting written decision.

Date of judgement	12 August 2010
Court	Magistrate's Court of Victoria, Melbourne
Judge	Magistrate Chambers
Nature of Proceedings	Wages and conditions
Employer	DMB Investments Pty Ltd & David McPherson Black
Amount of Underpayment (if any)	$4,697.12
Penalty	$22,000.00 (DMB Investments Pty Ltd) $4,620.00 (David McPherson Black)
Decision	Fair Work Ombudsman v DMB Investment Pty Ltd - pdf 571KB

Date of judgement	5 August 2010
Court	Chief Industrial Magistrates' Court, NSW
Judge	Magistrate Bartley
Nature of Proceedings	Wages and conditions
Employer	DZ Import & Export Trading Co. Pty Ltd and Mr Zheng Ming Zhu
Amount of Underpayment (if any)	$20,348.30
Penalty	$148,500.00 (DZ Import & Export Trading Co. Pty Ltd) $29,700.00 (Mr Zheng Ming Zhu)
Decision	Awaiting written decision.

Date of judgement	3 August 2010
Court	Magistrates' Court of Victoria, Melbourne
Judge	Magistrate Holzer
Nature of Proceedings	Wages and conditions
Employer	Village Green Environmental Solutions Pty Ltd and Douglas Brent Smith
Amount of Underpayment (if any)	$40,779.42
Penalty	N/A
Decision	Awaiting written decision.

Date of judgement	3 August 2010
Court	Magistrates' Court of Victoria, Melbourne
Judge	Magistrate Holzer
Nature of Proceedings	Wages and conditions
Employer	Jota Pty Ltd T/as Ken Bruce Sales (In Liquidation) & Russell Meerkin
Amount of Underpayment (if any)	$25,575.52
Penalty	$15,000.00 (Russell Meerkin)
Decision	Awaiting written decision.

July

Date of judgement	23 July 2010
Court	Chief Industrial Magistrates' Court, Sydney
Judge	Magistrate Hart
Nature of Proceedings	Wages and conditions
Employer	Asteria Joinery Pty Ltd and Ryan Marsh
Amount of Underpayment (if any)	$31,389.69
Penalty	$16,900.00 (Ryan Marsh)
Decision	Fair Work Ombudsman v Asteria Joinery Pty Ltd and Ryan Marsh - pdf 34KB

Date of judgement	23 July 2010
Court	Federal Court, Adelaide
Judge	Justice Besanko
Nature of Proceedings	Unlawful industrial action
Union	Transport Workers' Union of Australia (TWU)
Amount of Underpayment (if any)	n/a
Penalty	$35,000.00 (TWU)
Decision	Fair Work Ombudsman v Transport Workers' Union of Australia - pdf 769KB

Date of judgement	22 July 2010
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and conditions
Employer	Ron Priddle Transport and Logistics Pty Ltd and Ronald Harold Priddle
Amount of Underpayment (if any)	$5,324.96
Penalty	$25,000.00 (Ron Priddle Tranport and Logistics Pty Ltd) $5,000.00 (Ronald Harold Priddle)
Decision	Awaiting written decision.

Date of judgement	8 July 2010
Court	Chief Industrial Magistrates' Court, NSW
Judge	Chief Industrial Magistrate Hart
Nature of Proceedings	Wages and Conditons
Employer	Lightfield Investments Pty Ltd & Mr HK Tang
Amount of Underpayment (if any)	$25,512.79
Penalty	$54,000.00 (Lightfield Investments) $8,500.00 (Mr Tang)
Decision	Fair Work Ombudsman v Lightfield Investments Pty Ltd - pdf 384KB

2009 - 2010 Finanical Year

Fourth quarter

June

Date of judgement	25 June 2010
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and conditions
Employer	Adamsleigh Pty Ltd (In Liquidation)
Amount of Underpayment (if any)	$7,975.63
Penalty	$3,960.00
Decision	Awaiting written decision.

Date of judgement	25 June 2010
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and conditions
Employer	Ringinn Pty Ltd and sole director Gregory Walter Ring
Amount of Underpayment (if any)	$29,977.37
Penalty	$21,000.000 (Ringinn Pty Ltd) $4000.00 (Gregory Walter Ring)
Decision	Awaiting written decision.

Date of judgement	17 June 2010
Court	Federal Magistrates' Court, Brisbane
Judge	Federal Magistrate Burnett
Nature of Proceedings	Wages and conditions
Employer	Erick Berges
Amount of Underpayment (if any)	$14,866.31
Penalty	$19,800.00
Decision	Fair Work Ombudsman v Berges - pdf 202KB

Date of judgement	11 June 2010
Court	Federal Magistrates' Court, Sydney
Judge	Federal Magistrate Smith
Nature of Proceedings	Fairness Test
Employer	Essendene Security Pty Ltd & John Richard Ryan
Amount of Underpayment (if any)	N/A
Penalty	$6000.00 (Essendene Security Pty Ltd) $800.00 (John Richard Ryan)
Decision	Fair Work Ombudsman v Essendene Security Pty Ltd & Anor - pdf 221KB

Date of judgement	9 June 2010
Court	Federal Magistrates' Court, Brisbane
Judge	Federal Magistrate Jarrett
Nature of Proceedings	Wages and conditions
Employer	Sanada Investments Pty Ltd
Amount of Underpayment (if any)	$119,760.92
Penalty	$33,600.00
Decision	Fair Work Ombudsman v Sanada Investments Pty Ltd - pdf 750KB

May

Date of judgement	27 May 2010
Court	Federal Magistrates' Court, Brisbane
Judge	Federal Magistrate Burnett
Nature of Proceedings	Freedom of Association
Employer	Maleha Newaz Pty Ltd and Saba Ahammad
Amount of Underpayment (if any)	N/A
Penalty	$13,000.00 (Maleha Newaz Pty Ltd $2,700.00 (Saba Ahammad)
Decision	Fair Work Ombudsman v Maleha Newaz Pty Ltd - pdf 233KB

Date of judgement	21 May 2010
Court	Chief Industrial Magistrates' Court, Sydney
Judge	Chief Industrial Magistrate Hart
Nature of Proceedings	Wages and conditions
Employer	G.O. Plumbing Pty Ltd & Glenn Oag
Amount of Underpayment (if any)	$7,551.68
Penalty	$3, 200.00
Decision	Awaiting written decision.

Date of judgement	7 May 2010
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and conditions
Employer	Kenneth Geoffry Chiswell
Amount of Underpayment (if any)	$123,035.74
Penalty	$10,560.00
Decision	Awaiting written decision.

April

Date of judgement	29 April 2010
Court	Industrial Relations Court, SA
Judge	Industrial Magistrate Liescke
Nature of Proceedings	Time and Wages Records
Employer	Honest & Frank Pty Ltd and Paul Hyun
Amount of Underpayment (if any)	N/A
Penalty	$29,452.00 (Honest & Frank Pty Ltd) $5,890.00 (Paul Hyun)
Decision	Fair Work Ombudsman v Honest and Frank Pty Ltd & Anor - pdf 767KB

Date of judgement	28 April 2010
Court	Federal Magistrates' Court New South Wales
Judge	Federal Magistrate Lloyd-Jones
Nature of Proceedings	Agreement making / Negotiation / Duress
Employer	Oggy Pty Ltd t/as Gloria Jeans Revesby Pty Ltd
Amount of Underpayment (if any)	N/A
Penalty	$84,150.00 (Oggy Pty Ltd) $5,940.00 (Robert Ognenovski) $5,940.00 (Silvana Ognenovski)
Decision	Cotis v Oggy Pty Ltd t/as Gloria Jeans Revesby & Anor - pdf 756KB Cotis v Oggy Pty Ltd t/as Gloria Jeans Revesby & Anor liability decision - pdf 515KB

Date of judgement	13 April 2010
Court	Magistrates' Court, Victoria
Judge	Deputy Chief Magistrate Lauritsen
Nature of Proceedings	Wages and Conditions
Employer	Pride Paints Pty Ltd and Eberhard Peppler
Amount of Underpayment (if any)	$25,524.45
Penalty	$66,000 (Pride Paints Pty Ltd) $6,600 (Eberhard Peppler)
Decision	Fair Work Ombudsman v Pride Paints Pty Ltd & Eberhard Peppler - pdf 110KB

Date of judgement	13 April 2010
Court	Federal Magistrates' Court, Hobart
Judge	Federal Magistrate Turner
Nature of Proceedings	Wages and Conditions
Employer	Security Protection Services Pty Ltd and Mr Neil Stewart Ruut and Cindy Michelle Ruut
Amount of Underpayment (if any)	$170,599.78
Penalty	$136,900.00 (Cindy Ruut and Neil Ruut)
Decision	Fair Work Ombudsman v Security Protection Services Pty Ltd & Ors - pdf 286KB

Date of judgement	9 April 2010
Court	Federal Court, Victoria
Judge	Justice North
Nature of Proceedings	FOA - Employee
Employer	Datasend Pty Ltd & Phillip Gray & Graham Berry
Amount of Underpayment (if any)	N/A
Penalty	$25,000.00 (Datasend Pty Ltd) $4,000.00 (Philip Gray) $6,000.00 (Graham Berry)
Decision	Fair Work Ombudsman v Datasend Pty Ltd & Phillip Gray & Graham Berry Order - pdf 21KB

Date of judgement	1 April 2010
Court	Magistrates' Court of Victoria
Judge	Deputy Chief Magistrate Lauritsen
Nature of Proceedings	Wages and Conditions
Employer	Baker Group Management Pty Ltd t/as Angelucci's Restaurant and Bar
Amount of Underpayment (if any)	N/A
Penalty	$7,000.00 (Baker Management Pty Ltd) $3,000.00 (Sam Baker)
Decision	Awaiting written decision.

Date of judgement	1 April 2010
Court	Federal Magistrates' Court, Brisbane
Judge	Federal Magistrate Burnett
Nature of Proceedings	Wages and Conditions
Employer	BW Metcalfe Pty Ltd
Amount of Underpayment (if any)	$9,821.41
Penalty	$6,000.00 (BW Metcalf Pty Ltd) $1,200.00 (Mr Brian Wallace Metcalf)
Decision	Workplace Ombudsman v BW Metcalfe Pty Ltd & Anor - pdf 514KB

Date of judgement	1 April 2010
Court	Industrial Relations Court, South Australia
Judge	Industrial Magistrate Ardlie
Nature of Proceedings	Wages and Conditions
Employer	Simdo Pty Ltd t/as Tonic Health and Ms Creek
Amount of Underpayment (if any)	$21,728.18
Penalty	$120,000.00 (Simdo Pty Ltd) $25,000.00 (Ms Creek)
Decision	Fair Work Ombudsman v Simdo Pty Ltd - pdf 168KB

Third quarter

March

Date of judgement	31 March 2010
Court	Federal Magistrates' Court, Perth
Judge	Federal Magistrate Lucev
Nature of Proceedings	Time and Wages Records
Employer	Industrial Roadpavers (WA) Pty Ltd
Amount of Underpayment (if any)	N/A
Penalty	$6050.00 (Industrial Roadpavers WA Pty Ltd) $1210.00 (Marc William Skewes)
Decision	Fair Work Ombudsman v Industrial Roadpavers (WA) Pty Ltd & Anor - pdf 242KB

Date of judgement	30 March 2010
Court	Magistrates' Court, Melbourne
Judge	Magistrate Chambers
Nature of Proceedings	Wages and Conditions
Employer	South Morang Restaurant Pty Ltd t.as Sofia South Morang
Amount of Underpayment (if any)	$43,315.96
Penalty	$21,780.00
Decision	Fair Work Ombudsman v E and E Mazloum - pdf 448KB

Date of judgement	18 March 2010
Court	Magistrates' Court, Melbourne
Judge	Magistrate Holzer
Nature of Proceedings	Wages and Conditions
Employer	She Hairdressing Pty Ltd t/as Snip n Shape
Amount of Underpayment (if any)	$63,759.79
Penalty	$7000.00
Decision	Edwards v She Hairdressing Pty Ltd - pdf 42KB

Date of judgement	3 March 2010
Court	Chief Industrial Magistrates' Court NSW
Judge	Magistrate O'Shane
Nature of Proceedings	Wages and Conditions
Employer	Roach Golf Enterprises Pty Ltd and Bryan Roach
Amount of Underpayment (if any)	$30,185.00
Penalty	$16,000 (Roach Golf Enterprises Pty Ltd) $34,000 (Bryan Roach)
Decision	Awaiting written decision.

February

Date of judgement	22 February 2010
Court	Federal Magistrates' Court South Australia
Judge	Federal Magistrate Simpson
Nature of Proceedings	Wages and Conditions
Employer	Adelaide Foam Co Pty Ltd
Amount of Underpayment (if any)	$72,000.00
Penalty	$40,000.00
Decision	Workplace Ombudsman v Adelaide Foam Co. Pty Ltd - pdf 215KB

Date of judgement	16 February 2010
Court	Federal Magistrates' Court, Queensland
Judge	Federal Magistrate Burnett
Nature of Proceedings	Wages and Conditions
Employer	Ella Enterprises Pty Ltd and Lucas Waller
Amount of Underpayment (if any)
Penalty	$15,000.00
Decision	Awaiting written decision.

Date of judgement	15 February 2010
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and Conditions
Employer	Tovek Pty Ltd t/as CM's Fashion and Uri Burke
Amount of Underpayment (if any)	$6,941.03
Penalty	$12,000.00 (Tovek Pty Ltd) $ 7,500.00 (Uri Burke)
Decision	Fair Work Ombudsman v Tovek Pty Ltd & Uri Bourke Transcript - pdf 35KB

Date of judgement	3 February 2010
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and Conditions
Employer	Myst Oz Pty Ltd and Rebecca Pearse
Amount of Underpayment (if any)	$40,916.41
Penalty	$16,500.00 (Myst Oz Pty Ltd) $3,300.00 (Rebecca Pearse)
Decision	Fair Work Ombudsman v Myst Oz Pty Ltd Transcript - pdf 41KB

January

Date of judgement	18 January 2010
Court	Federal Magistrates' Court Darwin
Judge	Federal Magistrate Terry
Nature of Proceedings	Wages and Conditions
Employer	Fortcrest Investments Pty Ltd
Amount of Underpayment (if any)	$24,526.60
Penalty	$22,200.00
Decision	Fair Work Ombudsman v Fortcrest Investments Pty Ltd - pdf 274KB

Second quarter

December

Date of judgement	17 December 2009
Court	Federal Magistrates' Court, NSW
Judge	Federal Magistrate Barnes
Nature of Proceedings	Sham contracting
Employer	Land Choice Pty Ltd t/as Kingsford First National Real Estate
Amount of Underpayment (if any)	$20,119.07
Penalty	$24,600.00 (Land Choice Pty Ltd) $4,480.00 (Sigiharto Sugiharto)
Decision	Fair Work Ombudsman v Land Choice Pty Ltd & Anor - pdf 398KB

Date of judgement	9 December 2009
Court	Federal Magistrates' Court, Hobart
Judge	Federal Magistrate Burchardt
Nature of Proceedings	Wages and Conditions
Employer	Crown Trading Group Pty Ltd and Mr Kurt Braune
Amount of Underpayment (if any)	$28,441.18
Penalty	$52,800.00 (Crown Trading Group Pty Ltd) $10,560.00 (Mr Braune)
Decision	Ikin v Crown Trading Group Pty Ltd & Anor - pdf 578KB

Date of judgement	8 December 2009
Court	Chief Industrial Magistrates’ Court, NSW
Judge	Magistrate GJT Hart
Nature of Proceedings	Wages and Conditions
Employer	Bavarian Hospitality Group Pty Ltd
Amount of Underpayment (if any)	n/a
Penalty	$3,750.00
Decision	Fair Work Ombudsman v Bavarian Hospitality Group Pty Ltd- pdf 721KB

Date of judgement	04 December 2009
Court	Chief Industrial Magistrates' Court, NSW
Judge	Chief Industrial Magistrate Hart
Nature of Proceedings	Time and Wages Records
Employer	Newcastle Bakehouse Pty Ltd
Amount of Underpayment (if any)	n/a
Penalty	$17,010.00
Decision	Fair Work Ombudsman v Newcastle Bakehouse Pty Ltd - pdf 423KB

Date of judgement	04 December 2009
Court	Federal Magistrates' Court, NT
Judge	Federal Magistrate Terry
Nature of Proceedings	Wages and Conditions
Employer	S Huen & T Tai t/as Hair Del Mar
Amount of Underpayment (if any)	$993.65
Penalty	$1000.00 (Tineil Tai) $1000.00 (Stanley Huen)
Decision	Awaiting written decision.

November

Date of judgement	30 November 2009
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and Conditions
Employer	W.H. Kwon & W.J. Kwon & Y.H. Kwon & Swan Flooring Pty Ltd t/as Geto Internet Cafe'
Amount of Underpayment (if any)	$33,193.50
Penalty	$15,500.00 (Swan Flooring) $3,300.00 (Mr Kwon)
Decision	Awaiting written decision

Date of judgement	23 November 2009
Court	Federal Magistrates' Court, Northern Territory
Judge	Federal Magistrate Terry
Nature of Proceedings	Agreement making / Duress
Employer	RHD Pty Ltd
Amount of Underpayment (if any)	n/a
Penalty	$16,500.00 (RHD Pty Ltd) $3,500.00 (Anthony William Easther) $3,500.00 (Donald Bruce Oldman)
Decision	Fair Work Ombudsman v RHD Pty Ltd & Ors - pdf 61KB

Date of judgement	9 November 2009
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and Conditions
Employer	Olara Pty Ltd t/as Exclusive Food Houses; Exofun Pty Ltd t/as Exclusive Food Houses and Harry Friedman, Director of Olara and Exofun
Amount of Underpayment (if any)	approximately $32,000
Penalty	$37,000 (Olara Pty Ltd) $2,000 (Exofun Pty Ltd) $15,000 (Mr Friedman)
Decision	Fair Work Ombudsman v Olara Pty Ltd Ors - pdf 42KB

October

Date of judgement	21 October 2009
Court	Federal Magistrates Court, Brisbane
Judge	Federal Magistrate M Burnett
Nature of Proceedings	Wages and Conditions
Employer	Amalgamated Marketing Pty Ltd
Amount of Underpayment (if any)	$15,000.00
Penalty	$8,500 in total (His Honour indicated that penalty would have been $10,000 but was reduced due to the employer admitting the breaches and saving a hearing on liability).
Decision	Written decision to come. Underpayment had been paid in full by the employer prior to proceedings.

Date of judgement	21 October 2009
Court	Chief Industrial Magistrate’s Court of NSW
Judge	Chief Industrial Magistrate Hart
Nature of Proceedings	Wages and Conditions
Employer	Frank Huang
Amount of Underpayment (if any)	$93,200.13
Penalty	$52,000.00
Decision	Workplace Ombudsman v Frank Huang - pdf 95KB

Date of judgement	19 October 2009
Court	Chief Industrial Magistrate’s Court of NSW
Judge	Chief Industrial Magistrate Hart
Nature of Proceedings	Wages and Conditions
Employer	BW Marketing Pty Ltd
Amount of Underpayment (if any)	n/a
Penalty	$6368.82
Decision	Written order to come.

Date of judgement	13 October 2009
Court	Magistrates' Court of Victoria
Judge	Magistrate Holzer
Nature of Proceedings	Wages and Conditions
Employer	S & J Roofing Pty Ltd
Amount of Underpayment (if any)	$15,013.83
Penalty	$92,400.00 (S & J Roofing Pty Ltd) $13,200.00 (Mr Stephen Walters)
Decision	Fair Work Ombudsman v S & J Roofing Pty Ltd - pdf 34KB

Date of judgement	8 October 2009
Court	Federal Magistrates' Court, NSW
Judge	Federal Magistrate Cameron
Nature of Proceedings	Wages and Conditions
Employer	The Palcon Group Pty Ltd
Amount of Underpayment (if any)	$47,580.34
Penalty	$22,500.00
Decision	Fair Work Ombudsman v The Palcon Group Pty Ltd - pdf 702KB

Date of judgement	8 October 2009
Court	Federal Magistrates' Court, Qld
Judge	Federal Magistrate Jarrett
Nature of Proceedings	Wages and Conditions
Employer	Bundy Market Meats Pty Ltd
Amount of Underpayment (if any)	$4426.23
Penalty	$52,000.00 (Bundy Market Meats Pty Ltd) $10,000.00 (Christopher James Poskitt)
Decision	Fair Work Ombudsman v Bundy Market Meats Pty Ltd - pdf 197KB

First quarter

September 2009

Date of judgement	23 September 2009
Court	Federal Magistrates' Court, QLD
Judge	Federal Magistrate Burnett
Nature of Proceedings	Wages and Conditions
Employer	Gatton Harvesting Pty Ltd and Sole Director, MR Kin Nam Chol
Amount of Underpayment (if any)	$1905.99
Penalty	$11,540.00
Decision	Written decision to come.

Date of judgement	21 September 2009
Court	Federal Magistrate's Court, WA
Judge	Federal Magistrate Raphael
Nature of Proceedings	Wages and Conditions
Employer	Plaza Cameras Pty Ltd t/as Plaza Cameras
Amount of Underpayment (if any)	$4,792.00
Penalty	$12,000.00 (Plaza Cameras Pty Ltd) $3,500.00 (Ashley George Heuchan)
Decision	Fair Work Ombudsman v Plaza Cameras Pty Ltd & Anor - pdf 43KB

Date of judgement	01 September 2009
Court	Chief Industrial Magistrates' Court, NSW
Judge	Chief Industrial Magistrate Hart
Nature of Proceedings	Wages and Conditions
Employer	Christopher Bramley
Amount of Underpayment (if any)	$5731.09
Penalty	$2850
Decision	Fair-Work-Ombudsman-v-Christopher-Bramley - pdf 186KB

August 2009

Date of judgement	26 August 2009
Court	Magistrates' Court, Victoria
Judge	Magistrate Hawkins
Nature of Proceedings	Wages and Conditions
Employer	Specialist Australian Security Group Pty Ltd
Amount of Underpayment (if any)	$26,927.88
Penalty	$35,640.00
Decision	The Fair Work Ombudsman v Specialist Security Management Pty Ltd - pdf 701KB

Date of judgement	10 August 2009
Court	Federal Magistrates' Court, Victoria
Judge	Federal Magistrate Burchardt
Nature of Proceedings	Agreement Making / Duress
Employer	Marshal Security Service Pty Ltd and Anor
Amount of Underpayment (if any)	n/a
Penalty	$21,000.000
Decision	Fair Work Ombudsman v Marshal Security Service Pty Ltd and Anor - pdf 165KB

Date of judgement	5 August 2009
Court	Federal Magistrates' Court, Victoria
Judge	Federal Magistrate Burnett
Nature of Proceedings	Wages and Conditions
Employer	Dracook International Pty Ltd & Anor
Amount of Underpayment (if any)
Penalty	$4000.00 (Robert Cooke) $20,000.00 (Dracook International Pty Ltd)
Decision	Workplace Ombudsman v Dracook International Pty Ltd & Anor - pdf 695KB

Date of judgement	3 August 2009
Court	Federal Court, Victoria
Judge	Justice Middleton
Nature of Proceedings	Agreement Making / Duress
Employer	Patient Transit Care Pty Ltd & Gomed (VIC) Pty Ltd
Amount of Underpayment (if any)	n/a
Penalty	$55,000.00
Decision	Patient Transit Care Pty Ltd and Gomed (VIC) Pty Ltd Order - pdf 132KB

July 2009

Date of judgement	31 July 2009
Court	Federal Magistrates' Court of Australia
Judge	Federal Magistrate Lecev
Nature of Proceedings	Wages and Conditions
Employer	Golden Maple Pty Ltd and Cityteam Pty Ltd t/as Shimzu Grand
Amount of Underpayment (if any)	$11,200.00
Penalty	$43,425.00
Decision	Workplace Ombudsman v Golden Maple Pty Ltd & Ors - pdf 440KB

Date of judgement	29 July 2009
Court	Federal Magistrates' Court of Australia
Judge	Federal Magistrate Driver
Nature of Proceedings	Agreement Making / Duress
Employer	Cleaners News South Wales Pty Ltd
Amount of Underpayment (if any)	n/a
Penalty	$80,000.00
Decision	Fair Work Ombudsman v Cleaners News South Wales – pdf 280KB

Date of judgement	23 July 2009
Court	Federal Magistrates' Court of Australia
Judge	Federal Magistrate Raphael
Nature of Proceedings	Wages and Conditions
Employer	Securite-E Holdings Pty Ltd ( In Liquidation) & Ors
Amount of Underpayment (if any)	n/a
Penalty	$ 5000.00 (Mr Paul Ritchie)
Decision	Securite-E Holdings Pty Ltd ( In Liquidation) & Ors - pdf 445KB

Date of judgement	17 July 2009
Court	Magistrates' Court of Victoria
Judge	Magistrate Hawkins
Nature of Proceedings	Wages and Conditions
Employer	Reiquin Pty Ltd and Richard Timothy Reid
Amount of Underpayment (if any)	4511.35
Penalty	$ 184,800.00 (Reiquin Pty Ltd) $ 23,100.00 (Richard Timothy Reid)
Decision	Reiquin Pty Ltd and Richard Timothy Reid - pdf 645KB

Date of judgement	07 July 2009
Court	Federal Court, ACT
Judge	Justice Perram
Nature of Proceedings	Wages and Conditions
Employer	Kohinoor Indian Centre (Blue Elephant)
Amount of Underpayment (if any)	$74,458.20
Penalty	$3200.00
Decision	Written decision to come.

Date of judgement	07 July 2009
Court	Federal Magistrates' Court, TAS
Judge	Federal Magistrate O'Sullivan
Nature of Proceedings	Agreement Making / Duress
Employer	Primrose Development Company Pty Ltd t/as Donut King, Kingston Hobart
Amount of Underpayment (if any)	n/a
Penalty	$60,000.00
Decision	Fair Work Ombudsman v Primrose Development Company Pty Ltd & Anor - pdf 295KB

2008 - 2009 Financial Year

Fourth Quarter

May 2009

Date of judgement	13 May 2009
Court	Magistrates' Court of Victoria, Melbourne
Judge	Magistrate Hawkins
Nature of Proceedings	Wages and Conditions
Employer	Penang Kayu Nasi Kandar Pty Ltd and Poh Meng Hong
Amount of Underpayment (if any)	$81,775.00
Penalty	$183,400.00
Decision	Iser v Penang Kayu Nasi Kandar Pty Ltd and Poh Meng Hong - pdf 66KB

April 2009

Date of judgement	17 April 2009
Court	Federal Magistrates' Court, Melbourne
Judge	Federal Magistrate O'Sullivan
Nature of Proceedings	Wages and Conditions
Employer	TKM Investments Pty Ltd and Grania Kathleen Loone
Amount of Underpayment (if any)	$41,618.76
Penalty	$241,560.00
Decision	Klousia v TKM Investments Pty Ltd and Grania Kathleen Loone - pdf 378KB

Third Quarter

March 2009

Date of judgement	24 March 2009
Court	Melbourne Magistrates Court
Judge	Magistrate AJ Chambers
Nature of Proceedings	Wages and Conditions
Employer	Timryl Pty Ltd T/AS Universal Bakery
Amount of Underpayment (if any)	$12,023.00
Penalty	$16,500.00
Decision	Dwelly v Timryl Pty Ltd - pdf 589KB

Date of judgement	20 March 2009
Court	Federal Magistrates' Court, Brisbane
Judge	Federal Magistrate Wilson
Nature of Proceedings	Wages and Conditions
Employer	Personal Hire Pty Ltd T/AS Workforce Extensions and Samson Ensilla Fangaloka
Amount of Underpayment (if any)	$3,190.55
Penalty	$42,900.00
Decision	Lawlor v Personal Hire Pty Ltd T/AS Workforce Extensions and Samson Ensilla Fangaloka - pdf 711KB

Date of judgement	13 March 2009
Court	Federal Magistrates' Court of Australia, Brisbane
Judge	Federal Magistrate Wilson
Nature of Proceedings	Wages and Conditions
Employer	Fresho Foods Pty Ltd
Amount of Underpayment (if any)	$13,510.27
Penalty	$80,200.00
Decision	Martin v Fresho Foods Pty Ltd - pdf 1342KB

February 2009

Date of judgement	18 February 2009
Court	Melbourne Magistrates' Court.
Judge	Magistrate Chambers
Nature of Proceedings	Wages and Conditions
Employer	Pareker Engineering Corporation (Australia) Pty Ltd and Ferhan Parker
Amount of Underpayment (if any)	$14,167.37
Penalty	$60,000.00
Decision	Kovacevic v Pareker Engineering Corporation (Australia) Pty Ltd and Ferhan Parker - pdf 390KB

January 2009

Date of judgement	29 January 2009
Court	Federal Magistrates' Court of Australia, Adelaide
Judge	Federal Magistrate Simpson
Nature of Proceedings	Wages and Conditions
Employer	Saya Cleaning Pty Ltd and Anor
Amount of Underpayment (if any)	$3842.60
Penalty	$288,000.00
Decision	Workplace Ombudsman v Saya Cleaning Pty Ltd - pdf 444KB

Second Quarter

December 2008

Date of judgement	19 December 2008
Court	Chief Industrial Magistrates' Court NSW
Judge	Chief Industrial Magistrate Hart
Nature of Proceedings	Wages and Conditions
Employer	Global GTO Pty Ltd and John Slavic
Amount of Underpayment (if any)	$ 21,986.09
Penalty	$ 39,936.00
Decision	Thio v Global GTO Pty Ltd and John Slavic - pdf 2025KB

Date of judgement	5 December 2008
Court	Federal Court of Australia
Judge	Justice Heerey
Nature of Proceedings	Agreement making
Employer	Zinifex Australia Limited
Amount of Underpayment (if any)	n/a
Penalty	$ 15,000.00
Decision	Smith v Zinifex Australia Limited No 2 - pdf 225KB

November 2008

Date of judgement	06 November 2008
Court	Chief Industrial Magistrates' Court NSW
Judge	Chief Industrial Magistrate Hart
Nature of Proceedings	Wages and Conditions
Employer	Planet Floorcoverings Pty Ltd
Amount of Underpayment (if any)	$83,795.50
Penalty	$22,900.00
Decision	Written decision to come

October 2008

Date of judgement	14 October 2008
Court	Chief Industrial Magistrates' Court New South Wales
Judge	Magistrate GJT Hart
Nature of Proceedings	Wages and Conditions
Employer	Neophone Pty Ltd and Troussov
Amount of Underpayment (if any)	$ 9584.48
Penalty	$ 11,200.00
Decision	Liu v Neophone Pty Ltd and Troussov - pdf 40KB

First Quarter

September 2008

Date of judgement	23 September 2008
Court	Federal Magistrates' Court of Australia
Judge	Federal Magistrate Burchardt
Nature of Proceedings	Wages and Conditions
Employer	KNL Group Pty Ltd & Kenneth Lui
Amount of Underpayment (if any)	$8,940.87
Penalty	$30,000.00
Decision	Byrne v KNL Group Pty Ltd & Anor - pdf 367KB

August 2008

Date of judgement	13 August 2008
Court	Federal Court of Australia (NSW)
Judge	Gyles J
Nature of Proceedings	Wages & conditions
Employer	Tristar Steering and Suspension Australia Ltd
Amount of Underpayment (if any)	n/a
Penalty	n/a
Decision	Unsworth v Tristar Steering and Suspension Australia Ltd - pdf 183KB

Date of judgement	12 August 2008
Court	Federal Magistrates' Court, Brisbane
Judge	Federal Magistrate Cassidy
Nature of Proceedings	Wages and conditions
Employer	RWH Parcel Delivery Pty Ltd and Anor
Amount of Underpayment (if any)	$ 27,496.00
Penalty	$ 30,000.00
Decision	Jones vs RWH Parcel Delivery Pty Ltd & Anor - pdf 394KB

Date of judgement	8 August 2008
Court	Federal Magistrates' Court of Australia (NSW)
Judge	Federal Magistrate Smith
Nature of Proceedings	Wages and conditions
Employer	Healthcare Recruiting Australia Pty Ltd & Anor
Amount of Underpayment (if any)	$ 15,811.00
Penalty	$ 48,000.00
Decision	Armstrong v Healthcare Recruiting Australia Pty Ltd & Anor - pdf 2630KB

Date of judgement	05 August 2008
Court	Federal Magistrates' Court, Victoria
Judge	Federal Magistrate Burchardt
Nature of Proceedings	Agreement making / Negotiation / Duress
Employer	Sweets for You Pty Ltd & Anor
Amount of Underpayment (if any)	n/a
Penalty	$ 12,000.00
Decision	Brobbel v Sweets for You Pty Ltd - pdf 210KB

Date of judgement	04 August 2008
Court	Federal Magistrates' Court, Victoria
Judge	Federal Magistrate O'Sullivan
Nature of Proceedings	Wages and conditions
Employer	Gregory Prescott and Michael Hibberd
Amount of Underpayment (if any)	$ 38,333.00
Penalty	$ 9,600.00
Decision	Dennington v Gregory Prescott & Anor - pdf 129KB

July 2008

Date of judgement	31 July 2008
Court	Federal Magistrates' Court, New South Wales
Judge	Federal Magistrate Barnes
Nature of Proceedings	Wages and conditions
Employer	Murray Clarke Enterprises Pty Ltd & Anor
Amount of Underpayment (if any)	n/a
Penalty	$ 22,000.00
Decision	Longmire v Murray Clarke Pty Ltd & Anor - pdf 2176KB

Date of judgement	23 July 2008
Court	Magistrates' Court Victoria
Judge	Magistrate Hawkins
Nature of Proceedings	Wages and conditions
Employer	Sharx Fish & Chips
Amount of Underpayment (if any)	$1,482.46
Penalty	$17,000.00
Decision	Inspector Iser v Con Papageorgiou - Sharx Fish and Chips - pdf 54KB

Date of judgement	15 July 2008
Court	Federal Court Victoria
Judge	Jessup J
Nature of Proceedings	Duress
Employer	Locarno Management Pty Ltd & Anor
Amount of Underpayment (if any)	n/a
Penalty	$3,300.00
Decision	Wells v Locarno Management Pty Ltd & Anor - pdf 444KB

Date of judgement	8 July 2008
Court	Federal Magistrates' Court, Tasmania
Judge	Federal Magistrate Burchardt
Nature of Proceedings	Wages & conditions
Employer	A-Mart All Sports Pty Ltd
Amount of Underpayment (if any)	$41,235.50
Penalty	$52,800.00
Decision	Smith v A-Mart All Sports Pty Ltd - pdf 1848KB