Fair Work Ombudsman v CARDAMONE

The Fair Work Ombudsman (FWO) brought proceedings against Mr. Cardamone concerning alleged contraventions of the *Fair Work Act 2009* (Cth) (the Act). The dispute centred on Mr. Cardamone's alleged failure to comply with a notice issued by the FWO under section 484 of the Act, which required him to provide documents and information relevant to an investigation into potential breaches of workplace laws. Mr. Cardamone did not comply with the notice, nor did he apply to the Fair Work Commission to have the notice set aside. The proceedings were heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether Mr. Cardamone had contravened section 484(1) of the Act by failing to comply with the FWO's notice. This required the Court to consider the scope and effect of a notice issued under section 484, and the circumstances under which a failure to comply would constitute a contravention. The Court also had to determine whether Mr. Cardamone had established any defence or excuse for his non-compliance.

Judge Riley found that Mr. Cardamone had indeed contravened section 484(1) of the Act. The Court reasoned that the notice issued by the FWO was valid and that Mr. Cardamone had failed to comply with its terms. The Court rejected any suggestion that Mr. Cardamone was unaware of the notice or that there were any other mitigating circumstances that would excuse his non-compliance. The Court applied the principle that a failure to comply with a lawful notice issued under the Act, without a valid excuse or an application to set aside the notice, constitutes a contravention.

Consequently, the Court ordered Mr. Cardamone to pay a pecuniary penalty of $1,000 for his contravention of section 484(1) of the Act.