Fair Work takes 85 Degrees to court in landmark case
摘要
日期: 2023年2月23日
地点: 澳大利亚
企业
85 Degrees - Other Value Chain Entity其他
Not Reported ( 烘焙食品 ) - Employer受影响的
受影响的总人数: 20
外劳和移民工人: ( 数字未知 - 地点未知 , 烘焙食品 , Gender not reported , Documented migrants )议题
Wage Theft , Minimum Wage , 信息获取回应
Response sought: 否
后续行动: The bakery was fined AUS$1.44million in May 2024 for "systematic failure to ensure compliance within its franchise network" and is the first instance of the FWO using franchisor entity provision of Protecting Vulnerable Workers reforms and holding a franchisor accountable for the conduct of its franchisees.
信息来源: News outlet
The Fair Work Ombudsman is taking franchisor 85 Degrees to court in a landmark case that franchisors will watch closely.
The legal proceedings relate to alleged underpayments by franchisees and it is the first time the FWO has lodged such a case.
FWO alleges that 85 Degrees was liable as a “responsible franchisor entity” under the Fair Work Act for alleged non-compliance by eight franchisee-operated outlets in Sydney in 2019.
It argues the franchisor is legally liable because it should reasonably have known its franchisees would underpay the workers or commit similar contraventions...
Between January 1 and December 31, 2019, nine workers were allegedly underpaid minimum rates, overtime entitlements, annual leave entitlements, penalty rates for weekend, public holiday and evening work. Individual underpayments ranged from $239 to $15,198.
The FWO discovered the alleged underpayments, pay slips, and record-keeping breaches when it conducted proactive audits....