Fair Work Ombudsman v Crocmedia Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Crocmedia Pty Ltd in the Federal Circuit Court of Australia. The dispute concerned allegations that Crocmedia had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to provide an employee with a copy of their modern award and by failing to keep accurate employee records, as required by section 535 of the Act. The FWO sought pecuniary penalties for these alleged contraventions.

The primary legal issue before the Court was whether Crocmedia had contravened the *Fair Work Act 2009* (Cth) by failing to provide an employee with a copy of their applicable modern award and by failing to maintain accurate and complete employee records. A related issue was the appropriate penalty to be imposed if contraventions were found.

Judge Riethmuller found that Crocmedia had contravened section 50 of the Act by failing to provide the employee with a copy of their modern award. The Court reasoned that the employer has a positive obligation to provide a copy of the relevant modern award to each employee. Furthermore, the Court found that Crocmedia had contravened section 535 of the Act by failing to keep accurate and complete employee records, specifically regarding the employee's ordinary hours of work. The Court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009* (Cth) and considered the evidence presented by the FWO.

The Court ordered Crocmedia Pty Ltd to pay a pecuniary penalty of $1,200 for the contravention of section 50 and a further penalty of $1,200 for the contravention of section 535, totalling $2,400. Crocmedia was also ordered to pay the FWO's costs.