Fair Work Ombudsman v AAA Aussie Emergency Glass Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against AAA Aussie Emergency Glass Pty Ltd (the Company) in the Federal Circuit and Family Court of Australia. The dispute concerned allegations that the Company had contravened the *Fair Work Act 2009* (Cth) by failing to pay an employee, Mr. K. S. Lee, his minimum entitlements, specifically his minimum wage and annual leave entitlements, over a period of approximately 18 months. The FWO sought pecuniary penalties for these alleged contraventions.

The primary legal issue before the Court was whether the Company had contravened section 535(1) of the *Fair Work Act 2009* (Cth) by failing to keep accurate and complete employee records and by failing to provide Mr. Lee with a pay slip that correctly stated his entitlements. A further issue was whether the Company had contravened section 45 of the *Fair Work Act 2009* (Cth) by failing to pay Mr. Lee his minimum wage and annual leave entitlements as required by the applicable modern award.

Judge Riethmuller found that the Company had indeed contravened the Act. The Court was satisfied that the Company had failed to keep adequate records and provide accurate pay slips, as evidenced by the discrepancies in the information provided and the lack of detail. Furthermore, the Court determined that Mr. Lee had not been paid his minimum wage and annual leave entitlements in accordance with the relevant award. The Court applied the principles of statutory interpretation to the *Fair Work Act 2009* (Cth) and the relevant modern award, finding that the Company's actions fell short of the statutory and award obligations.

The Court ordered the Company to pay a pecuniary penalty of $10,200 for the contraventions. Additionally, the Company was ordered to rectify the underpayments to Mr. Lee, which amounted to $10,000. The Company was also ordered to pay the FWO's costs.