Fair Work Ombudsman v AIMG BQ Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against AIMG BQ Pty Ltd (the employer) in the Federal Circuit and Family Court of Australia. The dispute concerned allegations that the employer had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay an employee their entitlements under the National Employment Standards (NES) and a relevant award. Specifically, the FWO alleged that the employee was not paid for all hours worked, including overtime, and was not provided with accrued annual leave.

The court was required to determine whether the employer had contravened section 44(1) of the *Fair Work Act* by failing to pay the employee the minimum wage for all hours worked, and whether it had contravened section 90(1) of the *Fair Work Act* by failing to pay out accrued but untaken annual leave upon termination of employment. The court also had to consider whether the employer had breached the applicable award by failing to pay overtime rates for hours worked in excess of ordinary hours.

In reaching its decision, the court analysed the evidence presented regarding the employee's hours of work and the employer's payroll records. Judge Altobelli found that the employer had failed to keep accurate records of the employee's hours, which made it difficult to verify the employer's claims about payment. The court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act* and the award, emphasizing the employer's obligation to ensure compliance with minimum employment entitlements. The court concluded that the employer had contravened the NES and the award by underpaying the employee and failing to pay out accrued annual leave.

The court ordered AIMG BQ Pty Ltd to pay the outstanding entitlements to the employee, along with penalties for the contraventions.