A small coach company that voluntarily repaid two drivers almost $44,000 after admitting underpaying them has been penalised a total of $168,300, despite a judge finding the breaches were a result of "clumsiness and inadvertence" rather than deliberate.
A judge denied the TWU procedural fairness when failing to provide an opportunity to argue against his unsignalled departure from an agreed position between the union and the ROC before imposing a $270,000 penalty for serious record-keeping breaches, a Full Federal Court has found.
The Federal Circuit Court has imposed a fine if almost $100,000 on a former Caltex franchisee who admitted falsifying wage records for migrant workers, prompting warnings that higher penalties are now possible.
A year after its establishment, the Registered Organisations Commission has begun its first court case, seeking penalties against the CEPU for allegedly failing to keep an accurate list of its offices and office holders on numerous occasions over a period of more than two years.
An FWO report released hot on the heels of Caltex's announcement that it will exit franchising has revealed non-compliance at 76% of audited sites and accuses the oil giant of contributing to breaches by failing to put effective systems in place, despite warnings.
Woolworths says it will train head contractors on their IR obligations, require all cleaning contractors to use a third-party payroll system and increase its auditing, after an FWO investigation revealed the retailer contributed to a culture of non-compliance in its Tasmanian cleaning supply chain.
An FWC full bench has refused the CEPU leave to appeal a ROC decision on financial reporting deadlines, holding that the "real purpose" of the union's case was to avoid potential penalties for failing to meet its statutory obligations.
The ramifications of recent legislative changes requiring employers to disprove employees' records of hours worked in wage claim cases have been spelt out in a court decision imposing penalties of more than $120,000 on a company and its director for underpaying an apprentice.