Director of the Fair Work Building Industry Inspectorate v Vic Metro Brick and Blocklaying Pty Ltd

In the Federal Circuit Court of Australia, the Director of the Fair Work Building Industry Inspectorate (the applicant) brought proceedings against Vic Metro Brick and Blocklaying Pty Ltd (the respondent). The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by the respondent, including failures to pay minimum rates of pay, travel allowance, and accrued but untaken annual leave upon termination of employment. Further allegations included failures to make superannuation contributions and to provide pay slips, with the applicant also alleging the respondent was knowingly concerned in contraventions by a principal employer.

The court was required to determine whether the respondent had contravened the *Fair Work Act 2009* (Cth) in relation to the alleged failures to pay minimum rates, allowances, and leave entitlements, as well as the superannuation and pay slip obligations. A key issue was also whether the respondent had been knowingly concerned in contraventions committed by another entity, which would render it liable for those contraventions.

Judge Riley found that the respondent had contravened various provisions of the *Fair Work Act 2009* (Cth) by failing to pay employees their minimum entitlements, including wages, allowances, and accrued annual leave upon termination. The court also determined that the respondent had failed to make necessary superannuation contributions and provide compliant pay slips. Crucially, the court found the respondent was knowingly concerned in the contraventions of the principal employer, establishing its liability for those breaches as well. The court ordered the respondent to pay pecuniary penalties for these contraventions.