Fair Work Ombudsman v Broome Helicopter Services Pty Ltd and Anor (No.2)

In *Fair Work Ombudsman v Broome Helicopter Services Pty Ltd and Anor (No.2)*, the Federal Circuit and Family Court of Australia considered a dispute concerning alleged contraventions of the *Fair Work Act 2009* (Cth) by Broome Helicopter Services Pty Ltd and its director, Mr. Michael John Thompson. The Fair Work Ombudsman (FWO) brought the proceedings alleging that the company had failed to pay minimum wages and entitlements to two employees, and that Mr. Thompson was knowingly concerned in these contraventions.

The court was required to determine whether Broome Helicopter Services Pty Ltd had contravened the *Fair Work Act* by failing to pay the minimum hourly rate, overtime, and annual leave entitlements to the two employees. Furthermore, the court had to ascertain whether Mr. Thompson was knowingly concerned in, or a party to, these contraventions, thereby rendering him personally liable under section 550 of the Act.

Judge Lucev found that the company had indeed contravened the *Fair Work Act* by failing to pay the requisite minimum wages and entitlements. The court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act* and the applicable modern award. Crucially, the court found that Mr. Thompson was knowingly concerned in the company's contraventions, having been aware of the employees' entitlements and the company's failure to meet them. The court reasoned that Mr. Thompson's active involvement and knowledge of the underpayments established his personal liability.

The court ordered Broome Helicopter Services Pty Ltd to pay pecuniary penalties totalling $20,000 and Mr. Thompson to pay a pecuniary penalty of $4,000. The court also ordered the respondents to rectify the underpayments to the two employees, with the precise amount to be determined by the FWO.