Fair Work Ombudsman v Deja Vu Elite Security Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Deja Vu Elite Security Pty Ltd (Deja Vu) in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Deja Vu, specifically in relation to the underpayment of wages to its employees. The FWO sought declarations, pecuniary penalties, and orders for the recovery of outstanding wages.

The central legal issues before the Court were whether Deja Vu had contravened the *Fair Work Act 2009* (Cth) by failing to pay its employees the minimum wages and entitlements prescribed by the relevant award, and whether the company had breached the express terms of an Enterprise Agreement. The Court was also required to determine the appropriate penalty for any proven contraventions and the extent of any underpayments that needed to be rectified.

Judge Riley found that Deja Vu had contravened the *Fair Work Act 2009* (Cth) by failing to pay minimum wages and entitlements under the relevant award and by breaching the terms of an Enterprise Agreement. The Court determined that the company had engaged in deliberate and systematic underpayment of its employees over an extended period. In reaching this decision, the Court applied principles of statutory interpretation to the *Fair Work Act 2009* (Cth) and the Enterprise Agreement, and considered evidence of the company's payroll practices and employee work records. The Court emphasised the importance of compliance with minimum employment standards and the need for deterrence against such contraventions.

The Court ordered Deja Vu to pay pecuniary penalties totalling $102,300 for the contraventions. Additionally, Deja Vu was ordered to rectify the underpayments to its employees, which amounted to $106,900.