Bullet points

In Fair Work Ombudsman v Yogurberry World Square Pty Ltd and Anors (2016), the Fair Work Ombudsman (FWO) sued, as accessories to breaches committed by Yogurberry World Square Pty Ltd (Yogurberry World):

YBF Australia Pty Ltd (YBF), which was the master franchisor of the Yogurberry chain;
CL Group Pty Ltd, an associated entity of YBF; and
the common director, Ms Soon Ok Oh.

The Federal Court found that Yogurberry World had failed to comply with the FW Act by failing to:

pay wages in accordance with the award;
keep proper records; and
issue pay slips.

The other respondents were found to be accessories to those breaches committed by Yogurberry World because:

YBF had:
established the rates of pay;
paid the wages;
set the hours of work; and
handled the employment matters for the employees;
CL Group had undertaken the payroll, operational and accounting functions of the Yogurberry stores and therefore was an accessory as it had:
payroll functions;
determined hours of work; and
dealt with workplace matters with respect to the employees; and
Ms Soon Ok Oh had:
established the rates of pay of the employees;
instructed the manager of the World Square store in the operation of the business, which affected the employees; and
on occasion, given directions to the employees.

YBF Australia Pty Ltd (YBF), which was the master franchisor of the Yogurberry chain;

CL Group Pty Ltd, an associated entity of YBF; and
the common director, Ms Soon Ok Oh.
The Federal Court found that Yogurberry World had failed to comply with the FW

Act by failing to:

pay wages in accordance with the award;
keep proper records; and
issue pay slips.

The other respondents were found to be accessories to those breaches committed by Yogurberry World because:

YBF had:
- established the rates of pay;
- paid the wages;
  - set the hours of work; and