Fair Work Ombudsman v ACN 146 435 118 Pty Ltd & Anor (No.2)

In the Federal Circuit and Family Court of Australia, Judge Lucev considered the dispute between the Fair Work Ombudsman and ACN 146 435 118 Pty Ltd (in liquidation) and Mr. David John Smith. The proceedings concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by the corporate respondent, with Mr. Smith alleged to be involved in those contraventions.

The court was required to determine whether the corporate respondent had contravened specific provisions of the *Fair Work Act 2009* (Cth) by failing to pay minimum entitlements to its employees, and whether Mr. Smith was involved in those contraventions. The proceedings also sought declarations and pecuniary penalties for the alleged breaches.

Judge Lucev found that the corporate respondent had contravened the *Fair Work Act 2009* (Cth) by failing to pay minimum wages and entitlements to its employees. The court also found that Mr. Smith was involved in these contraventions, applying the principles of accessory liability under section 550 of the Act. The court considered the nature and extent of the contraventions, the number of employees affected, and the period over which the breaches occurred in its assessment. The court ultimately made declarations of contravention against both respondents and ordered the corporate respondent to pay pecuniary penalties, with Mr. Smith also ordered to pay penalties for his involvement.