Chan v Guan

The applicant, Chan, brought proceedings against the respondents, Guan, for unpaid wages and contraventions of the *Fair Work Act 2009* (Cth) and the *Paid Parental Leave Act 2010* (Cth). The dispute concerned the applicant's entitlements under the *Health Professionals and Support Services Award 2010*. The matter was heard by Judge Humphreys.

The court was required to determine whether the respondents had contravened the provisions of the *Fair Work Act 2009* (Cth) concerning unpaid wages and whether they had contravened the *Paid Parental Leave Act 2010* (Cth) by failing to pay paid parental leave. Additionally, the court needed to consider matters relevant to the imposition of pecuniary penalties for these contraventions, including the late admission of liability by the respondents, and to determine the appropriate amount of interest payable.

Judge Humphreys found that the third respondent had contravened sections 45 and 323 of the *Fair Work Act 2009* (Cth) in 2014, and section 323 of the Act in 2018. The first respondent was found to be involved in these 2014 and 2018 contraventions pursuant to section 550 of the Act, and the second respondent was involved in the 2018 contravention. A declaration was made that the third respondent failed to pay paid parental leave to the applicant in contravention of section 72(2) of the *Paid Parental Leave Act 2010* (Cth). The court ordered judgment for the applicant in the amount of $48,846.16 for unpaid wages, and ordered the respondents to pay interest pursuant to section 547 of the *Fair Work Act 2009* (Cth). Pecuniary penalties were imposed on the third respondent totalling $46,310.00 for the 2014 and 2018 contraventions, and on the first and second respondents totalling $9,234.00 and $3,402.00 respectively for their involvement in the contraventions. Costs for the applicant were fixed at $6,400.