Fair Work Ombudsman v Bassi
[2024] FedCFamC2G 251
•4 March 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Fair Work Ombudsman v Bassi [2024] FedCFamC2G 251
File number(s): BRG 278 of 2022 Judgment of: JUDGE EGAN Date of judgment: 4 March 2024 Catchwords: INDUSTRIAL LAW - where there was evidence of a failure on the part of each respondent to comply with a duly issued compliance notice - where the respondents have failed to participate in the proceedings – where declarations and pecuniary penalty orders made accordingly. Legislation: Fair Work Act 2009 (Cth), ss 546, 550, 716(5) Division: Division 2 General Federal Law Number of paragraphs: 9 Date of last submission/s: 4 March 2024 Date of hearing: 4 March 2024 Place: Brisbane Counsel for the Applicant: Ms P Willoughby First Respondent: The First Respondent did not appear. Second Respondent: The Second Respondent did not appear. ORDERS
BRG 278 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: FAIR WORK OMBUDSMAN
Applicant
AND: JATINDER SINGH BASSI
First Respondent
SATTY BASSI
Second Respondent
ORDER MADE BY:
JUDGE EGAN
DATE OF ORDER:
4 MARCH 2024
THE COURT DECLARES THAT:
1.The First Respondent contravened section 716(5) of the Fair Work Act (FWA) by failing to comply with a compliance notice issued by Fair Work Inspector Kiki Akritidis on 14 December 2021.
2.The Second Respondent was involved, within the meaning of section 550 of the FWA, in the First Respondent’s contravention of section 716(5) of the FW Act.
IT IS ORDERED THAT:
3.Pursuant to section 546(1) of the FWA, the First Respondent pay a pecuniary penalty of $5,328.00 to the Consolidated Revenue Fund of the Commonwealth of Australia for its contravention of section 716(5) of the FWA as noted above, within 28 days of this order.
4.Pursuant to section 546(1) of the FWA, the Second Respondent pay a pecuniary penalty of $5,328.00 to the Consolidated Revenue Fund of the Commonwealth for its contravention of section 716(5) of the FWA as noted above, within 28 days of this order.
5.The Applicant have liberty to apply on the giving of seven days’ notice to each of the respondents in the event that any of the preceding orders are not complied with.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
Judge Egan
INTRODUCTION
On 14 December 2022, this Court made an order for substituted service of the applicant’s originating application, statement of claim and all other documents sought to be relied upon by the applicant. The means of substituted service was as set out in paragraphs 2 and 4 of the order of the Court made on 14 December 2022.
The steps taken by the applicant to comply with service of all relevant documents pursuant to the order of the Court for substituted service were as set out in the affidavit of one Ms Anvar filed on 22 May 2023.
The Court is satisfied that the applicant has duly served upon the respondents all documents required to be served in order for the Court to be in a position to hear and determine the application for the making of declarations, and for the imposition of pecuniary penalties.
The respondents did not appear before the Court today, and nor has there been any contact by the respondents with the applicant since in or about August 2023.
By reason of the absence of the respondents after due and effective service has been effected upon them, the applicant is entitled to the relief as set out in annexure A to the written submissions of the applicant filed on 21 November 2023.
As to the amount of pecuniary penalty which the first respondent and the second respondent are each ordered to pay to the consolidated revenue fund of the Commonwealth of Australia by reason of the contraventions by them of relevant provisions of section 716(5) of the Fair Work Act, it was submitted on behalf of the applicant that the appropriate range ought to be between $4,662.00 - $5,328.00 - those respective amounts being 70-80 per cent of the maximum penalties able to be imposed upon the respondents under the FWA by order of the Court.
It is noteworthy that the respondents have failed to in any way assist either the applicant or the Court in the resolution of the claims made against them. They have failed to enter an appearance or otherwise proceed in a way which was beneficial to the progress of the proceeding.
In all the circumstances, the Court considers it appropriate to order that, in respect of each of the first respondent and the second respondent, they pay the sum of $5328 to the consolidated revenue fund of the Commonwealth of Australia.
And it is so ordered.
I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan. Associate:
Dated: 4 March 2024
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