Fair Work Ombudsman v Corporation Sun Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Corporation Sun Pty Ltd in the Federal Court of Australia concerning Corporation Sun's failure to comply with a compliance notice issued under section 71 of the *Fair Work Act 2009* (Cth). The dispute centred on Corporation Sun's contravention of the notice, which required it to rectify underpayments of wages to an employee.

The primary legal issue before the Court was to determine an appropriate penalty for Corporation Sun's non-compliance with the compliance notice. In doing so, the Court was required to consider various factors relevant to penalty, including the nature of the contravention, the company's conduct, and the need for deterrence.

Justice Kendall considered the objective seriousness of the contravention, noting that compliance notices are a crucial enforcement tool for the FWO. However, the Court also took into account the cooperation Corporation Sun demonstrated following the commencement of litigation, including its engagement with the FWO and its eventual rectification of the underpayments. Applying established principles for penalty determination, including the need to reflect the seriousness of the breach and the importance of compliance with statutory notices, the Court imposed a penalty in the mid-to-high range.