Fair Work Ombudsman v Daladontics (Vic) Pty Ltd

The Fair Work Ombudsman (Applicant) brought proceedings against Daladontics (Vic) Pty Ltd (Respondent) in the Federal Circuit Court of Australia. The dispute concerned established contraventions by the Respondent of section 716(5) of the *Fair Work Act 2009* (Cth). The matter proceeded undefended, resulting in a default judgment being entered against the Respondent.

The primary legal issue before the Court was the determination of an appropriate pecuniary penalty to be imposed on the Respondent for the contraventions of section 716(5) of the *Fair Work Act 2009* (Cth), pursuant to section 546(1) of the Act.

The Court, having entered default judgment due to the Respondent's failure to defend the proceedings, was required to assess and impose a penalty reflecting the seriousness of the contraventions. The Court ordered the Respondent to pay a pecuniary penalty of $38,250. This penalty was to be paid into the Consolidated Revenue Fund of the Commonwealth within 28 days of the Court's orders. The Applicant was granted liberty to apply on seven days' notice should the Respondent fail to comply with the payment order.