Fair Work Ombudsman v Darna Pty Ltd & Anor

The Fair Work Ombudsman (FWO) brought proceedings against Darna Pty Ltd and Mr. David Nock (the respondents) in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Darna Pty Ltd, with Mr. Nock alleged to be knowingly concerned in those contraventions. The FWO sought pecuniary penalties against both respondents.

The primary legal issue before the Court was whether Darna Pty Ltd had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to pay minimum wages to two employees, and whether Mr. Nock was knowingly concerned in these contraventions, thereby contravening section 550 of the Act. The FWO also sought to establish that the contraventions were serious, which would attract a higher penalty under the Act.

Judge Hartnett found that Darna Pty Ltd had contravened section 50 of the Act by failing to pay the minimum wages to the two employees for the periods in question. The Court further found that Mr. Nock was knowingly concerned in these contraventions, having been aware of the underpayments and having taken no steps to rectify them. The Court determined that the contraventions were serious, noting the duration of the underpayments and the impact on the employees. Consequently, the Court ordered Darna Pty Ltd to pay pecuniary penalties totalling $30,000 and Mr. Nock to pay pecuniary penalties totalling $6,000.