Dos Santos v Decjuba Enterprise Pty Ltd

In the matter of *Dos Santos v Decjuba Enterprise Pty Ltd*, heard before Judge Riethmuller in the Federal Circuit and Family Court of Australia, the applicant, Ms. Dos Santos, sought to recover unpaid wages and entitlements from her former employer, Decjuba Enterprise Pty Ltd. The dispute centred on allegations that the respondent had failed to pay Ms. Dos Santos the correct minimum wage, overtime, and other entitlements accrued during her period of employment.

The primary legal issues before the Court were whether Decjuba Enterprise Pty Ltd had contravened the *Fair Work Act 2009* (Cth) by failing to pay Ms. Dos Santos her minimum wage and entitlements, and if so, what penalty or remedy was appropriate. The Court was required to determine the correct interpretation and application of relevant award provisions and the National Employment Standards to the facts of Ms. Dos Santos' employment.

Judge Riethmuller considered the evidence presented by both parties, including employment contracts, pay slips, and witness testimony. The Court applied the principles of statutory interpretation to ascertain the employer's obligations under the *Fair Work Act 2009* (Cth) and the applicable modern award. The reasoning focused on establishing the nature of the employment relationship and the specific entitlements that accrued to Ms. Dos Santos based on her role and hours worked. The Court found that Decjuba Enterprise Pty Ltd had indeed contravened the Act by underpaying Ms. Dos Santos.

Consequently, the Court ordered Decjuba Enterprise Pty Ltd to pay Ms. Dos Santos the outstanding amount of $10,178.90, representing unpaid wages and entitlements, along with interest. The respondent was also ordered to pay the applicant's legal costs.