Good Employers, Nearly $20 Million in Back-Pay

What the June Fair Work Round-Up Means for You

In June 2026, four trusted organisations agreed to back-pay almost $20 million between them. None set out to short-change a single worker. Their payroll systems simply misread the rules. The June Fair Work round-up is a lesson in why Fair Work compliance is a systems problem, not a character test.

June 2026 delivered one of the clearest Fair Work compliance lessons in years. Four respected, mission-driven employers, the RSPCA in Queensland, Charles Darwin University, The Smith Family and Southern Cross Care in Western Australia, agreed to repay close to $20 million in wages between them. None of these organisations chose to underpay anyone. Their payroll systems misread enterprise agreements and modern awards, and the errors ran quietly for years.

That is the central message of the June Fair Work round-up. Wage underpayment is now, overwhelmingly, a systems failure rather than a moral one. Good intentions did not protect these employers. Accurate payroll did. Strong Fair Work compliance is built on systems, not goodwill.

The round-up also shows what separates a manageable outcome from a damaging one. Employers who found the problem, reported it and cooperated signed Enforceable Undertakings and stayed out of court. Employers who ignored a notice or denied the obvious were penalised by a judge. The difference was behaviour, not size or sector.

For not-for-profits especially, the warning is direct. Lean back offices, complex awards and multiple agreements create real exposure. The right response is not fear. It is a proactive payroll review against the correct industrial instrument, done before a worker complains or an inspector calls. That single habit sits at the heart of Fair Work compliance.

The seven matters at a glance

Seven Fair Work Ombudsman actions shaped the June Fair Work round-up. Four were Enforceable Undertakings with large employers. Two were court penalties. One was a wave of proactive inspections. Together they form a compact Fair Work compliance case study.

  • RSPCA Queensland repaid about $4.3 million to 1,008 staff and signed an Enforceable Undertaking. The cause was two enterprise agreements applied incorrectly across penalty rates, overtime and allowances.
  • Charles Darwin University will repay more than $4 million to over 800 staff, with a further payroll review still under way. It is the twelfth university to sign such an undertaking.
  • The Smith Family repaid $5.9 million to 784 workers after its systems failed to track which award or agreement applied to each role.
  • Southern Cross Care (WA) is repaying about $5.4 million to nearly 2,000 staff, after time, rostering and payroll systems misread its agreements over eight years.
  • A Melbourne cafe, Serotonin Eatery, was penalised $5,000 for ignoring a Compliance Notice to back-pay one casual worker.
  • A former IT company director, David Blumentals, was penalised $35,308 and ordered to personally repay almost $150,000 for deliberate underpayments.
  • The Fair Work Ombudsman and the Australian Border Force inspected about 40 South-East Queensland businesses that employ migrant workers.

Digging Deeper

The headline numbers tell you what happened. The detail tells you why, and what to do about it. The sections below are for readers who want the full picture and a practical plan.

The pattern: good systems fail quietly

The four large undertakings share one root cause. Payroll misread the industrial instrument that governed each worker. The mistakes were small per pay run, yet they compounded into millions over time.

RSPCA Queensland applied clauses in two enterprise agreements incorrectly. Minimum hours, penalty rates, overtime and allowances drifted out of line. The charity self-reported in 2023 and has now repaid most of the $4.3 million owed to current and former vets, retail, cafe and administrative staff.

The Smith Family had a different fault with the same effect. It could not reliably tell which award or agreement applied to each role, and it sometimes classified people below their real duties. Underpayments reached $5.9 million across 784 staff in every state and territory. The chief executive apologised and the charity completed remediation.

Southern Cross Care (WA) traced its $5.4 million shortfall to misconfigured time and attendance systems and misread agreement provisions. Charles Darwin University breached three successive enterprise agreements by mispaying casual rates, penalty rates and minimum engagements. In every case, the failure was technical, not deliberate.

The Fair Work Ombudsman, Anna Booth, credited each employer for cooperating and fixing the problem. That credit matters. It shapes the outcome. It also confirms the lesson at the centre of Fair Work compliance: complex agreements demand active checking, because errors hide in the gap between what a system pays and what an award requires.

The dividing line: cooperate or face court

The two penalties in the round-up show the other path. Both employers had a chance to fix things. Neither took it, and a court stepped in.

Serotonin Eatery in Melbourne received a Compliance Notice to back-pay one casual worker for weekend rates owed under the Restaurant Industry Award. It did not comply in time, so the Fair Work Ombudsman went to court and secured a $5,000 penalty. The worker was eventually paid, but the avoidable penalty followed.

The Blumentals case is sharper. A former IT company director deliberately underpaid 16 consultants almost $150,000, then placed the company into liquidation. The court penalised him $35,308 and ordered him to personally repay the workers in full. The judge found deliberate conduct, no contrition and a prior breach from 2019.

Two points stand out for every business owner. First, a director can be held personally liable, even after a company is wound up. Second, deliberate underpayment now carries criminal exposure, because intentional underpayment became a criminal offence from 1 January 2025. Fair Work compliance is no longer only a civil risk.

The contrast is the practical heart of the round-up. Self-report, cooperate and remediate, and the likely result is an Enforceable Undertaking. Ignore a notice or deny the facts, and the result is a court penalty. Behaviour, not sector, decides which side of the line you land on.

Migrant workers and the rise of proactive inspections

The round-up was not only about money already repaid. It also showed the regulator looking for problems before anyone complains. The Fair Work Ombudsman and the Australian Border Force inspected about 40 businesses across Brisbane, the Sunshine Coast and Moreton Bay.

Most were fast food outlets, restaurants and cafes, with some retail, hair and beauty, and health care employers. All employed migrant workers, many on subclass 482 visas. Inspectors checked time and wage records and pay slips, and explained recent changes such as the right to disconnect.

Visa holders run through several June matters. Southern Cross Care (WA) underpaid nearly 400 visa holders, and seven of the underpaid IT consultants in the Blumentals case held visas. The pattern is clear. Migrant workers can be unsure of their rights, so they sit at the centre of enforcement and of Fair Work compliance risk.

Employers can reduce that risk with simple steps. Verify work rights through the VEVO system, pay every worker the lawful rate regardless of visa status, and keep records that an inspector could review without concern. A snap inspection should confirm good practice, not expose it.

Why not-for-profits carry extra risk

Three of the four large undertakings involved not-for-profit or charitable employers. That is not a coincidence. The sector carries a specific and underestimated payroll burden.

Care and community organisations often work under the SCHADS Award, the Nurses Award or the Aged Care Award, sometimes alongside one or more enterprise agreements. These instruments are dense. Penalty rates, broken shifts, sleepovers, allowances and casual loadings interact in ways that defeat generic payroll settings.

Lean back offices make the problem worse. Mission-driven teams pour their energy into the people they serve, and payroll receives less attention than it needs. Errors then persist for years before anyone notices, exactly as the June cases show.

None of this is a reason to relax. It is a reason to audit. A not-for-profit that reviews its payroll against the correct instrument protects both its workers and its reputation. For these organisations, Fair Work compliance is part of good governance, not a distraction from the mission.

The national picture behind the headlines

June was not unusual. It was a snapshot of a long campaign. In 2024 to 2025, the Fair Work Ombudsman recovered $358 million for more than 249,000 underpaid workers. Recoveries have passed $2 billion across five years.

Some sectors stand out. University underpayments now exceed $450 million nationally, and Charles Darwin University became the twelfth university to sign an Enforceable Undertaking. Aged care has faced sustained inspections, with millions recovered for care workers.

The message is structural. Enforcement is consistent, well resourced and unlikely to ease. Large self-reported underpayments have become a regular feature of the regulator’s work, which makes ongoing Fair Work compliance a standing obligation rather than a one-off project. Fair Work compliance has moved from a back-office task to a board-level responsibility.

What changes on 1 July 2026

The round-up arrives just before a significant reset. From the first full pay period on or after 1 July 2026, modern award and national minimum wages rise by 4.75 per cent. The national minimum wage moves to $1,004.90 a week, or $26.44 an hour, above $1,000 for the first time.

About 2.7 million award-reliant workers are affected. Care, retail, hospitality and administrative services feel the change most, because they employ the highest share of award-reliant staff. Every base rate, loading and allowance tied to those awards shifts on the same date.

Payday Super also begins. From 1 July 2026, employers must pay superannuation at the same time as wages, rather than quarterly. That change rewards clean payroll data and punishes guesswork. A new financial year is the natural moment to confirm your Fair Work compliance is current.

A practical Fair Work compliance checklist

The June cases convert neatly into a short, usable Fair Work compliance checklist. Work through it before the new financial year begins.

  • Confirm the correct award or enterprise agreement for every role, and check that classifications match real duties and experience.
  • Audit penalty rates, overtime, allowances, casual loading and minimum engagements against the actual instrument, not the payroll default.
  • Update every rate from the first full pay period on or after 1 July 2026, and prepare systems for Payday Super.
  • Keep accurate time and pay records, and issue compliant pay slips, because poor records shift the burden of proof onto you.
  • Give workers a safe, simple way to raise pay concerns, and treat migrant workers with particular care.
  • Act on any Compliance Notice immediately, since ignoring one leads directly to court.
  • If you find an error, seek advice early and consider self-reporting, because cooperation shapes the outcome.

Where to from here

The June Fair Work round-up is reassuring in one respect. The employers in trouble were not villains. They were busy organisations whose systems quietly fell behind. That is a fixable problem, and fixing it before it grows is exactly what we do. If you want confidence that your payroll, awards and agreements line up, book a conversation with SBAAS or read more about our approach to Fair Work compliance on our About Us page. We will handle the detail, so you can get back to your work.

Sources

Fair Work Ombudsman. (2026, June 18). RSPCA QLD signs Enforceable Undertaking after about $4.3 million underpay. https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/june-2026/20260618-rspca-qld-eu-media-release

Fair Work Ombudsman. (2026, June 23). Charles Darwin University signs Enforceable Undertaking after $4 million underpayments. https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/june-2026/20260623-charles-darwin-university-eu-media-release

Fair Work Ombudsman. (2026, June 15). Fair Work Ombudsman and Border Force target South-East Queensland in joint inspections. https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/june-2026/20260615-fwo-and-abf-inspections-of-brisbane-sunshine-coast-and-moreton-bay-media-release

Fair Work Ombudsman. (2026, June 12). The Smith Family signs Enforceable Undertaking. https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/june-2026/20260612-smith-family-eu-media-release

Fair Work Ombudsman. (2026, June 5). Melbourne cafe operator penalised. https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/june-2026/20260605-serotonin-penalty-media-release

Fair Work Ombudsman. (2026, June 3). IT company director ordered to personally rectify almost $150,000 in deliberate underpayments. https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/june-2026/20260603-blumentals-penalty-media-release

Fair Work Ombudsman. (2026, May 28). Southern Cross Care (WA) signs Enforceable Undertaking after $5.4m underpay. https://www.fairwork.gov.au/newsroom/media-releases/2026-media-releases/may-2026/20260528-southern-cross-care-wa-media-release

Fair Work Ombudsman. (2026). Minimum wages increase from 1 July 2026. https://www.fairwork.gov.au/about-us/workplace-laws/annual-wage-review/annual-wage-review-2026

Fair Work Commission. (2026, June 2). Annual Wage Review 2026. https://www.fwc.gov.au/hearings-decisions/major-cases/annual-wage-reviews/annual-wage-review-2026

Fair Work Ombudsman. (2026). Enforceable undertakings. https://www.fairwork.gov.au/about-us/compliance-and-enforcement/enforceable-undertakings

Human Resources Director Australia. (2026). Two universities face illegal redundancy and underpayments claims. https://www.hcamag.com/au/specialisation/employment-law/2-universities-face-illegal-redundancy-and-underpayments-claims/580046

0d9a8782 branding profiles

Eric Allgood is the Managing Director of SBAAS and brings over two decades of experience in corporate guidance, with a focus on governance and risk, crisis management, industrial relations, and sustainability.

He founded SBAAS in 2019 to extend his corporate strategies to small businesses, quickly becoming a vital support. His background in IR, governance and risk management, combined with his crisis management skills, has enabled businesses to navigate challenges effectively.

Eric’s commitment to sustainability shapes his approach to fostering inclusive and ethical practices within organisations. His strategic acumen and dedication to sustainable growth have positioned SBAAS as a leader in supporting small businesses through integrity and resilience.

Qualifications:

  • Master of Business Law
  • MBA (USA)
  • Graduate Certificate of Business Administration
  • Graduate Certificate of Training and Development
  • Diploma of Psychology (University of Warwickshire)
  • Bachelor of Applied Management

Memberships:

  • Small Business Association of Australia –
    International Think Tank Member and Sponsor
  • Australian Institute of Company Directors – MAICD
  • Institute of Community Directors Australia – ICDA
  • Australian Human Resource Institute – CAHRI

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