Fair Work Ombudsman v Domain Botanical Business Pty Ltd (No 2)

The Fair Work Ombudsman (FWO) brought proceedings against Domain Botanical Business Pty Ltd (Domain Botanical) in the Federal Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Domain Botanical, specifically in relation to the payment of wages to its employees. The FWO sought declarations and pecuniary penalties against the company.

The primary legal issue before the Court was whether Domain Botanical had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to pay employees in accordance with the minimum rates of pay prescribed by the relevant modern award, the *Nurses Award 2010*. The Court was required to determine the correct classification of the employees under the award and, consequently, whether the wages paid by Domain Botanical met the minimum entitlements.

Burchardt J found that Domain Botanical had contravened section 50 of the *Fair Work Act 2009* (Cth). The Court reasoned that the employees in question were correctly classified as Registered Nurses under the *Nurses Award 2010*, and that the remuneration paid by Domain Botanical was insufficient to meet the minimum wage obligations for that classification. The Court applied the principles of award interpretation, focusing on the plain meaning of the award provisions and the nature of the work performed by the employees. The Court also considered the evidence presented regarding the hours worked and the rates paid.

The Court ordered Domain Botanical to pay pecuniary penalties totalling $10,200 for the contraventions. Additionally, Domain Botanical was ordered to pay the FWO's costs of the proceeding.