Awwad v Vic Solar Technologies Pty Ltd

In *Awwad v Vic Solar Technologies Pty Ltd*, the applicant sought default judgment against the first respondent, Vic Solar Technologies Pty Ltd, and the second respondent, Mr. Anthony John Awwad, for multiple contraventions of the relevant award, specifically concerning the failure to pay employee entitlements. The first respondent was in external administration at the time of the proceedings. The applicant sought orders that both respondents be jointly and severally liable for the unpaid entitlements and that the second respondent be liable for pecuniary penalties, payable to the applicant.

The court was required to determine whether default judgment should be entered against the respondents for the alleged contraventions of the award and the quantum of any unpaid entitlements and pecuniary penalties. A key issue was the extent of the second respondent's personal liability for the company's contraventions, particularly in light of the company's external administration.

Judge McNab found that the evidence before the court established multiple contraventions of the relevant award by the first respondent, leading to unpaid entitlements for the applicant. The court accepted that the second respondent, as a director, was jointly and severally liable with the first respondent for these unpaid entitlements. Furthermore, the court determined that the second respondent was personally liable for pecuniary penalties arising from these contraventions, ordering that these penalties be paid to the applicant. The court entered default judgment against both respondents for the unpaid entitlements and against the second respondent for the pecuniary penalties.