Fair Work Ombudsman v Ans.Hl Trading Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Ans.Hl Trading Pty Ltd (the company) in the Federal Circuit and Family Court of Australia. The dispute concerned the company's contravention of the *Fair Work Act 2009* (Cth) through a course of conduct involving underpayment of wages to an employee. The FWO sought pecuniary penalty orders against the company.

The central legal issue before the Court was the appropriate amount of the pecuniary penalty to be imposed on the company for its contraventions. Specifically, the Court was required to consider whether the contraventions constituted a single course of conduct for the purpose of calculating the penalty, and what factors should be taken into account in determining the quantum of that penalty.

Judge Jarrett found that the company's repeated underpayment of the employee over a period of time constituted a single course of conduct. In determining the penalty, the Court considered the seriousness of the contraventions, the need for deterrence, the company's financial position, and the fact that the company had ultimately rectified the underpayments. The Court applied the principles of penalty assessment under the *Fair Work Act*, emphasising that penalties should reflect the objective seriousness of the contravention and serve to deter future breaches. The Court ordered the company to pay a penalty of $10,200.