Catering and Allied Establishments Award Sample Clauses

Catering and Allied Establishments Award. South-Eastern Division 2002 (Transitional Award). As a result of its investigation, the FWO determined that UB Partners contravened provisions of the Restaurant Award and the FW Act. In particular, the FWO found that UB Partners had underpaid the Complainant by failing to pay the correct minimum casual hourly rates of pay and weekend, night work and public holiday penalties in accordance with the Restaurant Award. The FWO’s investigation determined a total underpayment of $5,382.49 (gross). The FWO also determined that UB Partners contravened the FW Act by withholding wages from the Complainant for his first work cycle and not paying them until four months into his employment. UB Partners advised the FWO during the course of the investigation that an internal review of the Complainant’s records showed an underpayment of $5,573.50 gross. UB Partners subsequently made full payment to the Complainant of $5,573.50 less taxation. Contraventions The FWO has determined, and UB Partners admits, that UB Partners has contravened: section 45 of the FW Act by failing to comply with the following provisions of the Restaurant Award: Clause 20.1 and Schedule A by failing to pay the Complainant the minimum base rate of pay; Clause 13.1 and Schedule A by failing to pay the Complainant casual loading; Clause 34.1 and Schedule A by failing to pay the Complainant Saturday penalty rates; Clause 34.1 and Schedule A by failing to pay the Complainant Sunday penalty rates; Clause 34.1 and Schedule A by failing to pay the Complainant Public holiday penalty rates; and Clause 34.2(a)(i) and Schedule A by failing to pay the Complainant the applicable additional amount per hour for late night work. section 323 of the FW Act by failing to pay the first pay cycle of the Complainant’s wages in full and at least monthly. (collectively the Contraventions). The FWO has determined, and Xx Xxxxx admits, that by reason of the matters set out in paragraph 3 above, he was involved in the Contraventions pursuant to section 550(2)(c) of the FW Act. Commencement of Undertaking This Undertaking comes into effect when: the Undertaking is executed by UB Partners and Xx Xxxxx; and the FWO accepts the Undertaking so executed. Upon the commencement of this Undertaking, UB Partners and Xx Xxxxx undertake to assume the obligations set out below. Undertakings UB Partners and Xx Xxxxx in his role as director of UB Partners give the following undertakings: Future workplace relations compliance Take all reasona...
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