Fair Work Ombudsman v Broome Helicopter Services Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Broome Helicopter Services Pty Ltd (the Company) in the Federal Circuit Court of Australia. The dispute concerned allegations that the Company had contravened the *Fair Work Act 2009* (Cth) by failing to pay a pilot the minimum rate of pay for the period of their employment, failing to pay accrued annual leave entitlements upon termination, and by keeping false or misleading employment records. The FWO also alleged the Company failed to provide a compliant roster.

The court was required to determine whether the employee was correctly classified as a helicopter pilot for the entirety of their employment, and consequently, whether they were paid the minimum rate of pay applicable to that classification. Further issues included whether the Company had paid the employee for all hours worked, including accrued days off, and whether the Company had failed to pay accrued annual leave entitlements upon termination. The court also had to consider whether the Company had kept false or misleading employment records and whether it had provided a roster that complied with the *National Employment Standards*.

Judge Lucev found that the employee was employed as a helicopter pilot for the entire period of their employment and was therefore entitled to the minimum rate of pay for that classification. The court determined that the Company had failed to pay the employee for all hours worked, specifically in relation to accrued days off, and had also failed to pay accrued annual leave entitlements upon termination. The court concluded that the employment records were false or misleading because they did not accurately reflect the hours worked and entitlements accrued. The court also found that the Company had failed to provide a compliant roster.

The court ordered that Broome Helicopter Services Pty Ltd pay the Fair Work Ombudsman a penalty of $10,200 for contraventions of the *Fair Work Act 2009* (Cth). The Company was also ordered to pay the employee the outstanding amounts for wages and annual leave entitlements.