Another 7-Eleven store faces court action

Brisbane franchisee Jim Chien-Ching Chang and his company JS Top Pty Ltd is facing legal proceedings for allegedly underpaying eight staff a total of $19,397.

It is alleged that Mr Chang paid flat rates as low as $13 an hour, resulting in significant underpayment of the minimum rate, casual loadings and penalty rates for shift and weekend work.

Mr Chang allegedly created false employment records when making entries into the 7-Eleven head office payroll system. He and his company allegedly also knowingly provided false time-and-wage records to the Fair Work Ombudsman. The false records allegedly misstated the hours of work and rates of pay, which effectively concealed the underpayment to employees.

The alleged underpayments have now been rectified.

The Fair Work Ombudsman is seeking court orders for JS Top Pty Ltd to display an in-store notice informing employees of entitlements, to undertake an audit of its compliance with workplace laws and report the results to the Fair Work Ombudsman, and to promptly resolve any future underpayment matters.

A directions hearing is listed in the Federal Circuit Court in Brisbane on May 23. Mr Chang faces maximum penalties of up to $10,200 per contravention and JS Top Pty Ltd up to $51,000.

The West End, Brisbane store was one of 20 7-Eleven outlets targeted for surprise night-time visits as part of a tri-state operation in September, 2014. The litigation takes to eight the number of 7-Eleven operators to face court since 2009.

Earlier this year, the Fair Work Ombudsman announced legal proceedings against the operators of three other 7-Eleven outlets in Brisbane.

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