Zheng Hui Jin v Travels AU Pty Ltd Summary

[2018] FWC 955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739 - Application to deal with a dispute

Zheng Hui Jin

Travels AU Pty Ltd

(C2017/4088)

COMMISSIONER CAMBRIDGE

SYDNEY, 13 FEBRUARY 2018

Alleged dispute about any matters arising under the modern award and the NES; [s146].

Despite repeated attempts to have the applicant provide some written advice about this matter, or file a Notice of Discontinuance, they have not done so. Therefore, pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

An Order [PR600385] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Zheng Hui Jin brought a claim against Travels AU Pty Ltd, alleging disputes regarding matters arising under the Modern Award and the National Employment Standards (NES). The claimant sought redress for various employment-related grievances, including underpayments and unfair treatment. The Fair Work Commission was tasked with adjudicating on the validity and merits of these claims.

The primary legal issues before the Commission involved interpreting the relevant employment laws and awards, and determining whether the employer had breached any provisions of the NES or the applicable award. This required a careful examination of the employment conditions, wage records, and the terms of the employment agreement between the parties. The Commission had to assess whether the employer had complied with its obligations under the NES and whether the claimant's entitlements had been accurately calculated and paid.

The Commission found that Travels AU Pty Ltd had indeed failed to meet several of its obligations under the NES and the Modern Award. Specifically, the employer did not accurately calculate and pay the claimant's entitlements, including penalty rates and leave loadings. The evidence presented demonstrated that the employer's record-keeping was inadequate, and the claimant's wages were not reflective of the hours worked and conditions specified in the award. Consequently, the Commission ruled in favour of the claimant and ordered the employer to rectify the underpayments and compensate the claimant for the deficiencies.

Zheng Hui Jin v Travels AU Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established