Ecosway Pty Ltd v Fair Work Ombudsman

Ecosway Pty Ltd (Ecosway) appealed to the Federal Court of Australia against a decision of the Federal Circuit Court of Australia, which had found Ecosway to have contravened the *Fair Work Act 2009* (Cth) by failing to provide a casual employee with a Fair Work Information Statement (FWIS) at the commencement of their employment. The Fair Work Ombudsman (FWO) had initiated proceedings in the Federal Circuit Court.

The central legal issue before the Federal Court was whether Ecosway had discharged its obligation under section 125(1) of the *Fair Work Act 2009* to provide the FWIS to the employee. This involved determining the precise timing and manner in which the obligation to provide the statement arose and was satisfied.

Judge Lindsay considered the wording of section 125(1), which requires an employer to provide an employee with a copy of the FWIS "as soon as possible" after the employee commences employment. The Court found that Ecosway had failed to provide the FWIS to the employee in a timely manner, and that the provision of the statement some months after commencement did not satisfy the statutory requirement. The Court affirmed the importance of employers fulfilling their obligations to provide employees with essential information regarding their workplace rights and entitlements.

The appeal was dismissed, and the original penalty imposed by the Federal Circuit Court was upheld.