Fair Work Ombudsman v ASGBRIS Pty Ltd

The Fair Work Ombudsman brought proceedings against ASGBRIS Pty Ltd (the First Respondent) and Mr. Anthony Sorbello (the Second Respondent) in the Federal Circuit and Family Court of Australia. The dispute concerned ASGBRIS Pty Ltd's admitted failure to comply with a Compliance Notice issued under section 716 of the *Fair Work Act 2009* (Cth), and Mr. Sorbello's admitted involvement in that failure. The Ombudsman sought the imposition of civil penalties on both respondents under section 546 of the Act.

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.