Coward, Andrew v Gunns Veneer Pty Ltd

The applicant, Andrew Coward, sought compensation from the respondent, Gunns Veneer Pty Ltd, for unpaid wages and penalties under the Fair Work Act 2009. The case was heard in the Fair Work Commission. The primary issue before the Commission was whether the respondent had contravened section 170EE of the Fair Work Act by failing to pay the applicant his entitled wages and any applicable superannuation contributions. A further consideration was the calculation of the appropriate penalty for the non-compliance.

The Commission found that the respondent did indeed fail to pay the applicant his entitled wages and superannuation. The evidence showed that the applicant was owed wages for work performed and that the respondent had not made the requisite payments. The Commission also determined that the respondent's failure to pay constituted a serious contravention of the Act, warranting the imposition of a penalty. After considering the nature and extent of the contravention, the Commission calculated the penalty in accordance with the statutory provisions. The final order mandated the respondent to pay the applicant damages, reduced by any amounts already remitted to the Australian Taxation Office.