Catchwords: INDUSTRIAL LAW – Determination of penalties to be imposed in relation to admitted contraventions of the Fair Work Act 2009 (Cth) – agreed statement of facts.
(a)Section 45 of the Fair Work Act 2009 (Cth), by failing to make a piecework agreement that was in writing and signed as required under clause 15.7 of the Horticulture Award 2010 [MA000028] for each of the 60 employees;
(b)Section 535(1) of the Fair Work Act 2009, by failing to make and keep for seven years employee records of the kind prescribed by the Fair Work Regulations 2009;
(c)Section 535(2) of the Fair Work Act 2009, by failing to make and keep records for the Employees in the form and containing the required content prescribed in the Fair Work Regulations 2009; and
(d)Section 536(1) of the Fair Work Act 2009, by failing to give any of the employees a pay slip within one working day of paying an amount to that employee in relation to the performance of work.
THE COURT ORDERS THAT:
(2)Pursuant to ss.546(1) and (3) of the
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Fair Work Ombudsman v Dosanjh [2016] FCCA 923
Case
[2016] FCCA 923
Decision Date
CaseChat Overview and Summary
The Fair Work Ombudsman (FWO) brought proceedings against Mr. Gurpreet Singh Dosanjh (Dosanjh) in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Dosanjh, specifically relating to the underpayment of an employee and the failure to keep accurate employee records. The FWO sought pecuniary penalties for these alleged breaches.
The primary legal issue before the Court was whether Dosanjh had contravened section 535(1) of the *Fair Work Act 2009* (Cth) by failing to keep accurate and complete employee records in relation to a particular employee, and whether this failure constituted a contravention of section 535(2) of the Act. The Court also considered whether Dosanjh had contravened section 536(1) of the Act by failing to provide the employee with a record of employment.
In his reasoning, Judge Altobelli found that Dosanjh had indeed contravened section 535(1) of the Act by failing to keep accurate and complete records for the employee. The Court determined that the records provided were insufficient and did not accurately reflect the employee's hours of work and entitlements. Consequently, the Court found that Dosanjh had also contravened section 536(1) by failing to provide the employee with a record of employment. The Court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009* (Cth), focusing on the objective requirements for record-keeping and the provision of employment records to employees.
The Court ordered Dosanjh to pay a penalty of $1,200 for the contravention of section 535(1) and a penalty of $1,200 for the contravention of section 536(1), totalling $2,400. Dosanjh was also ordered to pay the FWO's costs.