Fair Work Ombudsman v Bound For Glory Enterprises & Anor

The Fair Work Ombudsman (FWO) brought proceedings against Bound For Glory Enterprises Pty Ltd and Mr. David John Bound (the respondents) in the Federal Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) (the Act), specifically relating to the failure to keep and retain employee records and the provision of false or misleading information to inspectors. The FWO sought pecuniary penalties for these alleged breaches.

The primary legal issues before the Court were whether the respondents had contravened sections 535(1) and 536(1) of the Act by failing to keep and retain employee records, and whether they had contravened section 535(1) by providing false or misleading information to an inspector. The Court was also required to determine the appropriate penalty for any proven contraventions, considering the nature of the breaches and the respondents' conduct.

Justice O’Sullivan found that Bound For Glory Enterprises Pty Ltd had contravened section 535(1) of the Act by failing to keep and retain employee records for a period of seven years, and also by providing false and misleading information to an inspector. The Court determined that Mr. Bound was knowingly concerned in, or party to, these contraventions, thereby making him personally liable under section 550 of the Act. The Court applied the principles of statutory interpretation to the relevant provisions of the Act and considered the evidence presented to establish the contraventions.

The Court ordered Bound For Glory Enterprises Pty Ltd to pay a penalty of $10,200 and Mr. David John Bound to pay a penalty of $2,040. These penalties were ordered to be paid to the Commonwealth.