Question: **Case File 1: Expanded Analysis and Advice** The provided scenario presents several legal issues under the scope of Australian employment law, involving fair remuneration, working

**Case File 1: Expanded Analysis and Advice**

The provided scenario presents several legal issues under the scope of Australian employment law, involving fair remuneration, working on public holidays, and the right to take annual leave. Sunita's case will be evaluated using the Issue, Rule, Application, Conclusion (IRAC) method for problem-solving in law. The Fair Work Act 2009 (Cth), the Fast Food Industry Award 2010 (MA000003), and the Wage Theft Act 2020 (Victoria) will be the primary sources for reference.

**Issue 1: Wage Underpayment**

The first issue arises from Sunita's regular and public holiday pay, which seems to fall short of the legally stipulated rates under the Fast Food Industry Award 2010.

**Rule:**

According to the Fast Food Industry Award 2010 (MA000003), Level 2 employees should receive a base pay of $21.41 per hour effective from July 1, 2022. This legislation also outlines that employees working on Sundays should receive a penalty rate of 150% of their regular pay, and 225% for work done on public holidays.

**Application:**

Sunita receives a base rate of $23 per hour, which is above the minimum stipulated rate. However, her Sunday pay rate of $23 per hour is not in compliance with the stipulated Sunday penalty rate. Based on the Award, Sunita's hourly rate on Sundays should be $32.12 (150% of $21.41).

Similarly, her public holiday pay rate of $30 per hour is less than the required 225% rate. The correct public holiday rate should be $48.18 per hour (225% of $21.41).

**Conclusion:**

It appears that Sanga Express Pty Ltd is underpaying Sunita for work completed on Sundays and public holidays. This could potentially be a breach of the Fair Work Act 2009 (Cth) and the Wage Theft Act 2020 (Victoria).

**Issue 2: Annual Leave Denial**

The second issue involves the denial of Sunita's request for annual leave.

**Rule:**

Section 88 of the Fair Work Act 2009 (Cth) entitles an employee to take paid annual leave.

**Application:**

Sunita's request for a two-week annual leave in July was declined by her manager, Simon Wood. This seems to infringe on Sunita's right to take annual leave as outlined in the Fair Work Act.

**Conclusion:**

Sanga Express Pty Ltd appears to be in breach of the Fair Work Act 2009 by refusing Sunita's annual leave request.

**Issue 3: Uniform and Meal Allowances**

Finally, the case presents an issue concerning uniform laundering reimbursement and meal allowances on public holidays.

**Rule:**

The Fast Food Industry Award 2010 outlines that employees should receive specific allowances, including uniform laundering and meals during public holiday shifts.

**Application:**

While Sunita hasn't claimed these allowances, another Level 2 employee, Cathy, has. Sunita seems unaware of these benefits, potentially due to her literacy skills.

**Conclusion:**

Sunita may be entitled to additional allowances under the Fast Food Industry Award 2010. It would be prudent to review the company's compliance with these stipulations.

**Overall Conclusion**

In the case of Sunita, Sanga Express Pty Ltd appears to have violated several provisions of the Fair Work Act 2009 and the Fast Food Industry Award 2010, potentially amounting to wage theft under the Wage Theft Act 2020 (Victoria). Sunita should be informed of her rights and consider contacting

the Fair Work Ombudsman for guidance and possible intervention.

**References** - Fast Food Industry Award 2010 (MA000003) (Australia) - Fair Work Act 2009 (Cth) (Australia) - Wage Theft Act 2020 (Victoria)

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