Jan 2019 | Sushi operator faces Court under new onus of proof laws

Date: 25 Jan 2019

Source: FWO

The Fair Work Ombudsman (FWO) has commenced the first legal action utilising new reverse onus of proof laws that require employers to disprove underpayment allegations in Court when they have failed to keep adequate time and wages records or issue pay slips.

The FWO has instituted proceedings in the Federal Circuit Court against A & K Property Services Pty Ltd, which operates two 'Sushi 79' fast food outlets at Ipswich and the Sunshine Coast, and company directors, Yong Sim Kim, Hyn Jun Kang and Jungpyo Lee.

Fair Work Inspectors audited the Sushi 79 outlets based at Brassall, in Ipswich and Currimundi, on the Sunshine Coast, in 2018 as part of a proactive auditing activity.

The FWO alleges that, between October and December 2017, A & K Property Services breached workplace laws by failing to keep proper time and wages records, and failed to issue pay slips to employees.

The FWO alleges that nine workers across the two outlets were underpaid a total of $19,467 in entitlements under the Fast Food Industry Award 2010.