Fair Work Ombudsman v Choi Brothers Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings in the Federal Circuit Court of Australia against Choi Brothers Pty Ltd and Mr. Sang Jin Choi (the respondents). The dispute concerned allegations that the respondents had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay an employee, Ms. Ji Hye Kim, her minimum lawful entitlements. Specifically, the FWO alleged that Ms. Kim was not paid her minimum hourly rate, overtime entitlements, and annual leave entitlements, and that the respondents had also failed to provide her with a Fair Work Information Statement.

The court was required to determine whether Choi Brothers Pty Ltd and Mr. Sang Jin Choi had contravened sections 44, 50, 90, and 293 of the *Fair Work Act 2009* (Cth). These sections relate to the payment of minimum wages, overtime rates, annual leave, and the provision of the Fair Work Information Statement, respectively. The court also needed to consider whether the contraventions were serious, which would impact the penalty to be imposed.

Judge Burchardt found that Choi Brothers Pty Ltd and Mr. Sang Jin Choi had indeed contravened the *Fair Work Act 2009* (Cth) in relation to Ms. Kim's employment. The court was satisfied that Ms. Kim had not been paid her minimum lawful entitlements, including her minimum hourly rate, overtime, and annual leave. Furthermore, the court found that the respondents had failed to provide Ms. Kim with a Fair Work Information Statement. The court determined that the contraventions were serious, noting the significant underpayment and the failure to provide essential information to the employee.

Consequently, the court ordered Choi Brothers Pty Ltd to pay a penalty of $10,200 and Mr. Sang Jin Choi to pay a penalty of $2,040. The court also ordered the respondents to rectify the underpayments to Ms. Kim, which amounted to $10,000.