Fair Work Ombudsman v AVA Travel Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against AVA Travel Pty Ltd (AVA Travel) in the Federal Circuit and Family Court of Australia concerning alleged contraventions of the *Fair Work Act 2009* (Cth). The dispute centred on AVA Travel's failure to comply with a number of lawful directions issued by the FWO, which required the company to provide information and documents relevant to an investigation into alleged underpayment of employees.

The primary legal issue before Judge Jarrett was the appropriate penalty to be imposed on AVA Travel for its non-compliance with the FWO's directions. This involved considering the principles of deterrence, both specific and general, and assessing the penalty in light of the totality of AVA Travel's conduct and the need for proportionality. The court also had to determine whether the contraventions constituted a single course of conduct or multiple distinct breaches.

Judge Jarrett found that AVA Travel's persistent refusal to comply with the FWO's lawful directions, despite repeated requests and opportunities to do so, demonstrated a deliberate disregard for the regulatory framework. The court applied the principles of assessing pecuniary penalties, emphasising that penalties should be sufficient to deter future contraventions by the employer and others in similar circumstances. The judge considered the seriousness of the contraventions, the duration of the non-compliance, and AVA Travel's lack of contrition.

Ultimately, Judge Jarrett ordered AVA Travel to pay a penalty of $10,200 for its contraventions. The court determined that the conduct constituted a course of conduct rather than separate breaches, and the penalty imposed was considered appropriate and proportionate to the seriousness of the offending behaviour and the need for deterrence.