Fair Work Ombudsman v Acute Health Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Acute Health Pty Ltd (Acute Health) in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Acute Health, specifically in relation to the payment of entitlements to its employees. The FWO sought declarations and pecuniary penalties against Acute Health for these alleged breaches.

The primary legal issue before the Court was whether Acute Health had contravened the *Fair Work Act 2009* (Cth) by failing to pay its employees their minimum entitlements, including wages and leave entitlements, as required by the applicable modern award and the National Employment Standards. The Court was required to determine the extent of these contraventions and whether they were deliberate or otherwise constituted serious contraventions.

Judge McNab found that Acute Health had contravened the *Fair Work Act 2009* (Cth) on multiple occasions by failing to pay minimum wages and leave entitlements to its employees. The Court determined that these contraventions were not serious contraventions, as the evidence did not establish a deliberate pattern of conduct or a high degree of carelessness. The Court considered the company's financial position and its subsequent efforts to rectify the underpayments when assessing the appropriate penalty.

The Court ordered Acute Health to pay pecuniary penalties totalling $15,000. Additionally, Acute Health was ordered to rectify all outstanding underpayments to its employees, with the FWO to provide a compliance deed to ensure this occurred.