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Fair Work Act 1994

Hillman v Nguyen [2012] SAIRC 30
14/6/12 Quyen NGUYEN: was convicted and fined $7,500.00 plus costs plus compensation of $9,772.94 after pleading not guilty to a total of thirteen breaches of ss104A, 102(8) and 224. The offences included:

  • underpayment of wages
  • failure to comply with the provisions of the relevant Award
  • failure to provide pay slips
  • non-payment of superannuation contributions; and
  • failure to comply with a statutory Compliance Notice

11/11/10 DEVINDER SINGH T/AS BHAJI ON THE BEACH: was convicted ex tempore and fined $8,500 (with no order to pay due to financial incapacity) plus costs after pleading guilty to a breaches of s104A, s102(1) and s224.

 Mr Singh failed to:

  • comply with Compliance Notices requiring him to ensure records were kept in accordance with s102(1) and 102(8)
    keep a time book that contained the information required by s102(1)
  • pay his employee appropriate penalties as required by the Cafes and Restaurants Award 2009.

16/6/08 JANET LYMN: was found guilty and fined $500 without conviction after pleading not guilty to breaches of s224 and s68(6).

Ms Lymn failed to:

  • comply with a provision of an award by which she was bound between 26 September and 19 November 2005;
  • make payment in full, and without deduction, to an employee for work for which the remuneration was fixed by an award between 26 September and 28 November 2005.

Please note: a conviction was not recorded, although a penalty was imposed.

12/12/07 BRIAN WILLIAM TRENORDEN: was convicted and fined $600 after pleading guilty to two breaches of s224. On or about 27 September 2005, Mr Trenorden failed to comply with provisions of the Transport Workers (South Australia) Award by failing to:

  • pay the worker at or above the minimum hourly rate prescribed for ordinary hours worked during the relevant pay period; and
  • pay the worker penalty rates as prescribed by the award for work performed outside of ordinary hours during the relevant pay period.

19/12/06 GREENEARTH PTY LTD (trading as COMFORT INN - MANHATTAN MOTOR INN): was convicted and fined $7,000 after pleading guilty to eight breaches and being found guilty of four breaches of s224.

The company had not complied with provisions of the Motels (South Australia) Award in relation to two workers by failing to:

  • pay the award rate;
  • offer a meal break or make payment in lieu after five hours continuous work; and
  • pay the workers for the fifteen minutes they were required to work before their rostered time.

29/05/06 CHRISTOS AND JOANNE GIANNES T/AS FARMHOUSE RURAL SUPPLIES: were convicted and fined $200 plus costs after pleading guilty to a breach of s224.  They were also ordered to pay the worker $3000 for underpayment of wages.

Between 28 February 2004 and 16 May 2004, Mr and Mrs Giannes failed to comply with the remuneration provisions of the Retail Industry Award.

01/02/06 BULL'S TRANSPORT PTY LTD: was convicted and fined $1500 after pleading guilty to breaches of s224 and s102(1)(b)(i). 

Between 1 July 2001 and 28 November 2004, the company failed to:

  • pay a worker overtime penalty rates as prescribed in clause 13 of the Transport Workers (South Australia) Award; and
  • keep a record of start and finish times for each working day in a time book for the worker (including a note of time allowed for meals and other breaks).

The company was also ordered to pay the sum of $3628.56 to the affected worker for the underpayment of wages.

19/4/05 GREGLYN (SA) PTY LTD T/AS SURF 'N' CHOOKS: was convicted and fined $200 after pleading guilty to a breach of s224 of the Act. Between 1 April 2003 and 9 July 2003, an employee was paid rates below the Delicatessens, Industrial and Commercial Canteens, Unlicensed Cafes and Restaurants Award.

19/4/05 GREGORY HEINRICH, a director of Greglyn (SA) Pty Ltd: was convicted and fined $400 after pleading guilty to a breach of s104 (8) (c). On 14 April 2004, Mr Heinrich refused to answer an Inspector's questions.

16/2/05 ELCON NOMINEES PTY LTD t/as Minos Café Bistro: was convicted and fined $350 after pleading guilty to a breach of s 224 of the Act. Between 18 March 2002 and 27 February 2004, an employee was paid rates below the Cafes and Restaurants (South Australia) Award.

16/8/04 FESTIVAL CITY WINES AND SPIRITS PTY LTD: was convicted and fined $700 after pleading guilty to a breach of s 224 and s 102.

The company failed to:

  • pay the award rate
  • keep time and wage records

The company was also ordered to pay the sum of $4 205.61 to the affected worker for the underpayment of wages.

22/10/03 Parkphil Pty Ltd:  was convicted and fined $500 after pleading guilty to a breach of the Act. 

The company, a ten pin bowling complex, had continued to pay employees, over a continuous period of time, an under award rate of pay.

The court agreed with the importance of deterrence in award matters and the maintenance of award provisions.

7/9/99 Tissen No 2 Trust: Were convicted and fined $250 for breaching Section 224 of the Act. The defendant pleaded guilty to a single charge of failing to comply with a provision of an award. The defendant paid an employee at the rate of $10 per hour, rather than the minimum award rate of at least $13.71. That is an offence pursuant to section 224 and the maximum penalty for that offence is $2 500.