Fair Work Ombudsman v Deja Vu Elite Security Pty Ltd and Anor (No.2)

In the Federal Circuit and Family Court of Australia, Judge Riley considered a dispute between the Fair Work Ombudsman and Deja Vu Elite Security Pty Ltd and an associated individual. The proceedings concerned alleged contraventions of the Fair Work Act 2009 (Cth) by the respondents, specifically in relation to the underpayment of employees.

The court was required to determine whether the respondents had contravened provisions of the Fair Work Act, including those relating to minimum wages, overtime, and record-keeping obligations. A key issue was the extent of the underpayments and whether these constituted serious contraventions, which carry significantly higher penalties. The court also had to consider the culpability of the individual respondent in the alleged contraventions.

Judge Riley found that Deja Vu Elite Security Pty Ltd had contravened the Fair Work Act by failing to pay employees their minimum entitlements, including overtime rates, and by failing to keep accurate records. The court determined that these contraventions were serious, given their systemic nature and the significant period over which they occurred. The individual respondent was also found to be knowingly concerned in the contraventions. The court ordered the respondents to pay pecuniary penalties totalling $105,000 and to rectify the underpayments to the affected employees.