Fair Work Ombudsman v Corinthian Capital Pty Ltd

The case of Fair Work Ombudsman v Corinthian Capital Pty Ltd was heard before the Federal Circuit and Family Court of Australia. The matter involved allegations of non-compliance with the Fair Work Act 2009 (Cth) by Corinthian Capital Pty Ltd, the operator of a restaurant trading as “Galangal Award Winning Thai Cuisine” in Perth, Western Australia. The Fair Work Ombudsman (FWO) sought various declarations and penalties against Corinthian Capital and its sole director, Mr Trainer, following an investigation into the company's compliance with employment standards.

The primary legal issues before the court were whether Corinthian Capital contravened specific sections of the Fair Work Act by failing to comply with compliance notices issued by a Fair Work Inspector, and if Mr Trainer was a person involved in those contraventions. The FWO alleged that Corinthian Capital failed to properly remunerate several employees, including full-time, casual, and casual driver employees, and did not respond appropriately to the compliance notices. The court needed to determine if these failures constituted breaches of the Act and if Mr Trainer, as the sole director, was complicit in these contraventions.

In delivering the judgment, the court found that Corinthian Capital did indeed contravene the Act by not adhering to the requirements set out in the compliance notices. The company failed to identify and pay the correct amounts owed to its employees for various entitlements, including minimum wage rates, penalty rates, and annual leave. Furthermore, the court held that Mr Trainer was a person involved in these contraventions, given his role as the sole director and his knowledge of the non-compliance. The court emphasised that Mr Trainer had actual knowledge of the non-compliance and was an intentional participant in the contraventions.

As a result, the court made several declarations, including that Corinthian Capital contravened specific sections of the Fair Work Act and that Mr Trainer was a person involved in those contraventions. The court also ordered Corinthian Capital to pay penalties and the employees the amounts owed to them, along with interest and legal costs.