FEDERAL CIRCUIT COURT OF AUSTRALIA
FAIR WORK OMBUDSMAN v AIMG BQ PTY LTD & ANOR [2016] FCCA 1024
Catchwords:
INDUSTRIAL LAW – Determination of penalties to be imposed in relation to admitted or undisputed contraventions of the Fair Work Act 2009 – relevant principles – where the matter proceeded undefended – where injunction granted under s.545 of the Fair Work Act 2009.
Legislation:
Crimes Act 1914 (Cth), s.4AA
Fair Work Act 2009 (Cth), ss.3, 44, 45, 90, 96, 323, 535, 536, 539, 546, 550, 557, 712Fair Work Regulations 2009
Federal Circuit Court of Australia Act 1999 (Cth), s.15
Industrial Relations Act 1998 (Cth), s.178
Workplace Relations Act 1996 (Cth), s.719
Applicant: FAIR WORK OMBUDSMAN
First Respondent: AIMG BQ PTY LTD (ACN 148 012 284)
Second Respondent: ZHAO QING JIANG
File Number: SYG 1559 of 2015
Judgment of: Judge Altobelli
Hearing date: 15 March 2016
Date of…
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- Case
- [2016] FCCA 1024
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the Company had contravened section 50 of the Act by failing to pay Mr. Singh the minimum hourly rate stipulated in the *Clerks – Private Sector Award 2020* for the hours he worked as a casual employee, and whether the Company had contravened section 125 of the Act by failing to provide Mr. Singh with a Fair Work Information Statement. The Court was also required to determine the appropriate penalty to be imposed for any proven contraventions.
Judge Altobelli found that the Company had indeed contravened section 50 of the Act by failing to pay Mr. Singh the minimum casual rate of $25.00 per hour, as required by the *Clerks – Private Sector Award 2020*. The Court noted that the Company had paid Mr. Singh a flat rate of $20.00 per hour, which was below the award minimum. Furthermore, the Court found that the Company had contravened section 125 of the Act by failing to provide Mr. Singh with the requisite Fair Work Information Statement. In determining the penalty, the Court considered the objective seriousness of the contraventions, the need for deterrence, and the Company's lack of prior contraventions.
The Court ordered that AIMG BQ Pty Ltd pay a penalty of $1,500 for the contravention of section 50 of the Act and a penalty of $500 for the contravention of section 125 of the Act, totalling $2,000. The Company was also ordered to pay the FWO's costs.
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Evidence Before The Court
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Ratio Decidendi
Legal Principle Established
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