FEDERAL CIRCUIT COURT OF AUSTRALIA
| FAIR WORK OMBUDSMAN v DEBORAH RUTH SOURIS | [2016] FCCA 345 |
| Catchwords: INDUSTRIAL LAW – Penalty hearing – failure to comply with compliance notices under Fair Work Act2009 (Cth) – involvement of respondent in contraventions – accessorial liability – appropriate penalty. |
| Legislation: Fair Work Act 2009, ss. 545, 546(1), 546(3)(a), 550(1), 550(2), 557(1), 716, 716(2), 716(4A), 716(5), 716(6), 717 |
| Applicant: | FAIR WORK OMBUDSMAN |
| Respondent: | DEBORAH RUTH SOURIS |
| File Number: | MLG 1094 of 2015 |
| Judgment of: | Judge O'Sullivan |
| Hearing date: | 18 February 2016 |
| Date of Last Submission: | 18 February 2016 |
| Delivered at: | Melbourne |
| Delivered on: | 18 February 2016 |
REPRESENTATION
| Counsel for the Applicant: | Ms Dowsett |
| Solicitors for the Applicant: | Fair Work Ombudsman |
| The Respondent: | In person |
THE COURT DECLARES:
The respondent was involved, within the meaning of subsection 550(1) of the Fair WorkAct2009 (Cth) (FW Act), in the failure by TIS Logistics Pty Ltd (in liquidation) ACN 113 264 547 (TIS) to comply with three compliance notices dated 20 February 2015, in contravention of subsection 716(5) of the FW Act.
THE COURT ORDERS:
Pursuant to subsection 546(1) of the FW Act the respondent pay pecuniary $9,000 for the contraventions referred to in Order 1.
Pursuant to subsection 546(3)(c) of the FW Act the respondent to pay the penalties in order 2 to the Commonwealth in full within six months of the date of this order.
The applicant have liberty to apply on seven days’ notice in the event that any of the proceeding orders are not complied with.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLG 1094 of 2015
| FAIR WORK OMBUDSMAN |
Applicant
And
| DEBORAH RUTH SOURIS |
Respondent
REASONS FOR JUDGMENT
(Revised from transcript)
By application filed 15 May 2015 the Fair Work Ombudsman (“the applicant”) commenced proceedings against Deborah Ruth Souris (“the respondent”).
The applicant alleged that a business TIS Logistics Pty Ltd (in liquidation) (ACN 113 264 547) (“TIS”) has, prior to going into liquidation, breached provisions of the Fair Work Act 2009 (Cth) (the FW Act) and as the director of TIS the respondent was involved in those breaches and should also be liable for the breaches of the FW Act.
TIS operated a retail business selling cards and gifts at sites in Victoria and Queensland. In mid 2014 the applicant received complaints from 5 former employees of TIS whose terms and conditions of employment with TIS were governed by the General Retail Industry Award 2010 and the…
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- Case
- [2016] FCCA 345
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether Ms. Souris had contravened section 484(1) of the Act by failing to comply with the FWO's notice. This required the Court to determine if the notice was validly issued and served, and if Ms. Souris had a lawful excuse for her non-compliance. The Court also considered the appropriate penalty for any proven contravention.
O'Sullivan J found that the FWO had established that Ms. Souris had contravened section 484(1) of the Act. The Court was satisfied that the notice was properly issued and served, and that Ms. Souris had failed to provide the requested information without a lawful excuse. In reaching this conclusion, the Court applied the principles of statutory interpretation to the relevant provisions of the Act, emphasizing the importance of compliance with FWO notices to facilitate investigations into workplace law breaches. The Court noted that the purpose of section 484 is to ensure that employers cooperate with the FWO's investigative functions.
Consequently, O'Sullivan J ordered Ms. Souris to pay a penalty of $1,200. The Court also ordered Ms. Souris to pay the FWO's costs of the proceeding.
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Decision
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