Fair Work Ombudsman v ACN 052 182 180 Pty Ltd & Anor

The Federal Circuit Court of Australia heard a matter brought by the Fair Work Ombudsman against ACN 052 182 180 Pty Ltd (in liquidation) and Mr. Anthony John Smith. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by the company, with Mr. Smith alleged to be knowingly concerned in these contraventions.

The court was required to determine whether the company had contravened specific provisions of the *Fair Work Act 2009* (Cth) relating to the payment of entitlements to its employees. Furthermore, the court had to consider whether Mr. Smith, as a director, was knowingly concerned in the company's alleged contraventions, thereby rendering him personally liable for those breaches.

In reaching its decision, the court analysed the evidence presented regarding the company's employment practices and the payment of wages and entitlements. The court applied the relevant provisions of the *Fair Work Act 2009* (Cth) and relevant case law concerning director liability for corporate contraventions. The court found that the company had indeed contravened the Act by failing to pay entitlements and that Mr. Smith was knowingly concerned in these contraventions. Consequently, the court made orders against both the company and Mr. Smith.