Fair Work Ombudsman v Complete Windscreens (SA) Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Complete Windscreens (SA) Pty Ltd (the Company) in the Magistrates Court of South Australia. The dispute concerned allegations that the Company had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay an employee, Mr. K. Davies, his minimum entitlements. Specifically, the FWO alleged that the Company had failed to pay Mr. Davies the correct minimum hourly rate, overtime rates, and penalty rates for work performed on weekends and public holidays, as stipulated by the relevant award.

The primary legal issue before the Court was whether the Company had contravened section 45 of the *Fair Work Act 2009* (Cth) by failing to pay Mr. Davies the minimum wages and entitlements prescribed by the *Vehicle Manufacturing, Repair, Services and Retail Award 2010*. The Court was required to determine if the Company's payment practices amounted to a breach of its statutory obligations to pay its employee in accordance with the award.

Judge Simpson found that the Company had indeed contravened the *Fair Work Act 2009* (Cth). The Court's reasoning was based on a detailed examination of the evidence presented, which demonstrated that Mr. Davies had not been paid the minimum rates of pay required by the award for ordinary hours, overtime, weekend work, and public holidays. The Court applied the principles of statutory interpretation to the *Fair Work Act 2009* (Cth) and the *Vehicle Manufacturing, Repair, Services and Retail Award 2010*, concluding that the Company's failure to meet these minimum entitlements constituted a contravention. The Court also considered the Company's submissions regarding its intentions and understanding of its obligations, but ultimately found these insufficient to excuse the contraventions.

The Court ordered that Complete Windscreens (SA) Pty Ltd pay pecuniary penalties totalling $10,000 to the Commonwealth and also ordered the Company to rectify the underpayments to Mr. K. Davies, with the amount to be determined by the FWO.