Fair Work Ombudsman v Baruch

The Fair Work Ombudsman brought an action against Baruch in the Federal Circuit Court of Australia, alleging that Baruch had contravened various provisions of the Workplace Relations Act 1996 and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The applicants, Joel Edward Donnelly and Daniel Enzo Scremin, claimed they had been employed by Baruch's company, had not received any remuneration, and that Baruch had contravened s.182(3) of the Workplace Relations Act, item 5 of schedule 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, s.235(2) of the Workplace Relations Act, item 6 of schedule 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, and s.661(4) of the Workplace Relations Act, item 6 of schedule 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.

The court considered whether Baruch had contravened the various provisions of the Workplace Relations Act and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009, and if so, what penalty should be imposed. The court found that Baruch had indeed contravened the various provisions of the Workplace Relations Act and the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009. The court also found that Baruch's conduct warranted a penalty under s.719 of the Workplace Relations Act and s.546 of the Fair Work Act 2009. The court considered the nature and seriousness of the contraventions, the extent of Baruch's culpability, and the need for deterrence and punishment. The court determined that a penalty of $6,000.00 should be imposed for each contravention, for a total of $18,000.00.

The court ordered that Baruch pay a penalty of $6,000.00 for each contravention, for a total of $18,000.00. The court also ordered that Baruch pay $3,530.26 to each of the applicants, and $10,939.48 to the Fair Work Ombudsman. Baruch was ordered to provide evidence of payment to the applicants within 30 days of payment.