Fair Work Ombudsman v A to Z Catering Solution Pty Limited & Anor (No.2)

This matter came before Judge Manousaridis of the Federal Circuit Court of Australia, concerning allegations by the Fair Work Ombudsman (FWO) that A to Z Catering Solution Pty Limited (AZC) contravened various provisions of the *Fair Work Act 2009* (Cth) and the *Fair Work Regulations 2009* (Cth). The FWO also alleged that a director of AZC, Mr Yasin, was involved in these contraventions. While AZC admitted to most of the contraventions alleged in the statement of claim, Mr Yasin elected not to plead to the statement of claim, relying on his privilege against self-incrimination in relation to penalties.

The court was required to determine whether the admissions of contraventions made by AZC in its defence relieved the FWO from proving the elements of the contraventions against Mr Yasin, in addition to proving his involvement. Furthermore, the court needed to ascertain whether the FWO had proven the contraventions alleged against AZC and Mr Yasin's involvement in them. A related issue concerned whether the court could take judicial notice of the contents of an award and other industrial instruments, particularly given that the alleged award rates were derived from a State award and involved complex transitional provisions.

The court reasoned that the admissions made by AZC did not relieve the FWO of its obligation to prove the contraventions against Mr Yasin. The principles concerning involvement in another person's contraventions were discussed, including whether proof of involvement requires knowledge of the award's existence or merely knowledge of the facts giving rise to liability under it. The court also considered the admissibility of evidence and the ability to take judicial notice of industrial instruments, ultimately concluding that each allegation made in the statement of claim, including the derivation of the alleged award rates, was in issue between the FWO and Mr Yasin. The court therefore proceeded to consider the evidence in relation to AZC's contraventions and Mr Yasin's alleged involvement.