FEDERAL CIRCUIT COURT OF AUSTRALIA
| FAIR WORK OMBUDSMAN v ASGBRIS PTY LTD & ANOR | [2020] FCCA 553 |
| Catchwords: INDUSTRIAL LAW – Agreed failure by the First Respondent to comply with Compliance Notice issued in accordance with section 716 of the Fair Work Act 2009 (Cth) – Agreed involvement by the Second Respondent in the First Respondent’s failure to comply with the Compliance Notice – Appropriate civil penalties to be paid by the Respondents pursuant to section 546 of the Fair Work Act 2009 (Cth). |
| Legislation: Fair Work Act 2009 (Cth), ss.539, 546, 550, 716 Crimes Act 1914 (Cth), s.4AA Electrical, Electronic and Communications Contracting Award 2010, cl.26.1 |
| Cases cited: Fair Work Ombudsman v NSH North Pty Ltd [2017] FCA 1301 |
| Applicant: | FAIR WORK OMBUDSMAN |
| First Respondent: | ASGBRIS PTY LTD ACN 614 106 811 |
| Second Respondent: | STEPHEN FRANCIS WARD |
| File Number: | BRG 798 of 2019 |
| Judgment of: | Judge Tonkin |
| Hearing date: | 21 February 2020 |
| Date of Last Submission: | 21 February 2020 |
| Delivered at: | Brisbane |
| Delivered on: | 13 March 2020 |
REPRESENTATION
| Counsel for the Applicant: | Mr Vincent |
| Solicitors for the Applicant: | Office of the Fair Work Ombudsman |
| Solicitors for the Respondents: | Mr Carrick of Wheldon & Associates |
ORDERS
IT IS DECLARED THAT:
ASGBRIS contravened s.716 (5) of the Fair Work Act 2009 (Cth) by failing to comply with the Compliance Notice issued on 23 July 2019; and
Mr Stephen Ward was involved within the meaning of section 550(2) of the Fair Work Act 2009 (Cth) in ASGBRIS’ contravention of s.716 (5) of the Fair Work Act 2009 (Cth) by failing to comply with the Compliance Notice issued on 23 July 2019.
THE COURT ORDERS:
Pursuant to s. 546(1) of the Fair Work Act 2009 (Cth) ASGBRIS pay a pecuniary penalty of $7087.50 to the Consolidated Revenue Fund of the Commonwealth for committing the contravention set out in paragraph 1 above within 28 days of the date of this order.
Pursuant to s. 546(1) of the Fair Work Act 2009 (Cth) Stephen Ward pay a pecuniary penalty of $1417.50 to the Consolidated Revenue Fund of the Commonwealth for his involvement within the meaning of section 550 of the Fair Work Act 2009 (Cth) in ASGBRIS’ contravention as set out in paragraph 1 above within 28 days of the date of this order.
An order that the Fair Work Ombudsman have liberty to apply on 7 days’ notice in the event that any of the preceding orders are not complied with.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT BRISBANE |
BRG 798 of 2019
| FAIR WORK OMBUDSMAN |
Applicant
And
| ASGBRIS PTY LTD ACN 614 106 811 |
First Respondent
| STEPHEN FRANCIS WARD |
Second Respondent
REASONS FOR JUDGMENT
(As corrected)
Introduction
The First Respondent (“ASGBRIS”) operates a company selling and installing security…
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- Case
- [2020] FCCA 553
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate civil penalties to be imposed on ASGBRIS Pty Ltd and Mr. Sorbello for their contraventions of the Fair Work Act. This involved assessing the seriousness of the contraventions, the need for deterrence, and any mitigating or aggravating factors.
Judge Tonkin found that ASGBRIS Pty Ltd had contravened the Compliance Notice by failing to provide the requested information and documents. Mr. Sorbello was found to have been involved in this contravention. In determining the penalties, the court considered the objective seriousness of the failure to comply with a notice issued under the Act, which is designed to facilitate the enforcement of workplace laws. The court also took into account the respondents' admissions, their cooperation with the Fair Work Ombudsman's investigation, and the fact that the contravention was not deliberate or for personal gain.
Ultimately, Judge Tonkin ordered ASGBRIS Pty Ltd to pay a penalty of $1,500 and Mr. Sorbello to pay a penalty of $300.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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