Fair Work Ombudsman v Daladontics (Vic) Pty Ltd

FEDERAL CIRCUIT COURT OF AUSTRALIA

FAIR WORK OMBUDSMAN v DALADONTICS (VIC) PTY LTD [2014] FCCA 2571

Catchwords:
INDUSTRIAL LAW – Determination of penalty – undefended – default judgment – established contraventions of Respondent of s.716(5) of the Fair Work Act 2009 (Cth) - pecuniary penalties imposed pursuant to s.546(1) of the Fair Work Act.

Legislation:

Fair Work Act 2009, ss.546(1), 546(3), 687, 701

Kelly & Fitzpatrick (2007) 166 IR 14
Mason v Harrington Corporation Proprietary Limited, trading as Pangaea Restaurant & Bar [2007] FMCA 7

Applicant: FAIR WORK OMBUDSMAN

Respondent: DALADONTICS (VIC) PTY LTD

File Number: MLG 2299 of 2013

Judgment of: Judge Hartnett

Hearing date: 31 October 2014

Delivered at: Melbourne

Delivered on: 7 November 2014

REPRESENTATION

Counsel for the Applicant: Ms Baillie

Solicitors for the Applicant: Office of the Fair Work Ombudsman

The Respondent: No appearance

ORDERS

1. Pursuant to s.546(1) of the Fair Work Act 2009 (Cth) a pecuniary penalty of $38,250 is to be paid by the Respondent in respect of the contraventions declared in order 1 of the Orders made 30 April 2014.

2. Pursuant to s.546(3)(a) of the Fair Work Act 2009 (Cth) the pecuniary penalty ordered by the Court in order 1 herein be paid into the Consolidated Revenue Fund of the Commonwealth within 28 days of the date of these Orders.

3. The Applicant has liberty to apply on seven days’ notice in the event that order 2 herein is not complied with.

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLG 2299 of 2013

FAIR WORK OMBUDSMAN

Applicant

And

DALADONTICS (VIC) PTY LTD

Respondent

REASONS FOR JUDGMENT

As Corrected

1. Before the Court is a hearing as to penalty consequent upon orders made by the Court on 30 April 2014. 

2. The declarations and Orders made by the Court on 30 April 2014 were as follows:-

   “THE COURT DECLARES THAT:

   1. Upon the admissions which the Respondent is taken to have made, consequent upon default by the Respondent pursuant to rule 13.03A(2) of the Federal Circuit Court Rules 2001 (Cth) (‘the FCC Rules’), the Court declares that:-

   a. the Respondent contravened s.716(5) of the Fair Work Act 2009 (Cth) (‘the FW Act’) by:-

   i. failing to comply with a Compliance Notice dated 15 October 2013 and requiring the Respondent to pay Ms Huynh Xuan Thao Tran (‘Ms Tran’) the amount of $5,405.09 (gross) within 14 days; and

   ii. failing to comply with a Compliance Notice dated 15 October 2013 and requiring the Respondent to pay Mr John Iepema (‘Mr Iepema’) the amount of $3,940.80 (gross) within 14 days.

   THE COURT ORDERS ON AN UNDEFENDED BASIS THAT:

   2. Pursuant to s.545(2) of the FW Act, the Respondent pay:-

   a. Ms Tran the amount of $5,405.09 (gross); and

   b. Mr Iepema the amount of $3,940.80 (gross);

   within 28 days of the date of this Order.

   3. Pursuant to s.547 of the FW Act, the Respondent pay interest on the sums referred to in order 2 above.

   4. Pursuant to s.559(1) of the FW Act that, in the…