Director, Fair Work Building Industry Inspectorate v Supernova Contractors Pty Ltd ACN 099 426 552

The matter before the Federal Court was between the Director, Fair Work Building Industry Inspectorate, and Supernova Contractors Pty Ltd, with a second respondent, an individual director of the company. The dispute arose from allegations of contraventions of the Fair Work Act 2009, specifically in relation to s.357(1) of the Act. The Director alleged that the company and its director failed to ensure that the company was not involved in work or activities that contravened the Act, specifically by not providing employees with the required minimum pay rates.

The legal issues before the Court included whether the respondents had contravened the specific section of the Fair Work Act, and if so, whether penalties were applicable. The Court needed to determine the correct quantum of any penalty and the appropriate recipient of the penalty payments. Additionally, the Court had to address the procedural issue of amending the title of the applicant in the proceedings.

In delivering its judgment, the Court found that both respondents had indeed contravened s.357(1) of the Fair Work Act. The Court held that the company and its director failed to take reasonable steps to ensure compliance with the Act. The Court considered the seriousness of the contraventions and imposed penalties on both respondents. The Court determined that the company's penalty was $9,900 and the director's penalty was $1,980, reflecting the different capacities in which they were involved. The Court ordered that the penalties be paid to the Commonwealth within 28 days of the order. Each party was ordered to bear their own costs of the proceedings.