Fair Work Ombudsman v EA Fuller & Sons Pty Ltd & Anor

The Federal Circuit Court of Australia heard a dispute between the Fair Work Ombudsman and EA Fuller & Sons Pty Ltd and Mr. Edward Albert Fuller. The Ombudsman alleged that the company and Mr. Fuller contravened provisions of the *Fair Work Act 2009* (Cth) by failing to keep accurate and complete employee records and by failing to provide employees with pay slips.

The court was required to determine whether EA Fuller & Sons Pty Ltd had breached its obligations under section 580 of the *Fair Work Act* by failing to keep and retain employee records as required by section 580(1)(a) and (b), and whether Mr. Fuller was knowingly concerned in or party to these contraventions. The court also considered whether the company had contravened section 536(1) of the Act by failing to provide employees with pay slips.

Judge Driver found that the company had indeed contravened sections 580(1)(a) and (b) and 536(1) of the *Fair Work Act*. The court determined that Mr. Fuller was knowingly concerned in, or party to, the company's contraventions of section 580, applying the principles of accessory liability. The court reasoned that the evidence demonstrated a consistent pattern of non-compliance with record-keeping obligations, and that Mr. Fuller, as the director and owner, was aware of and responsible for these failures.

The court ordered EA Fuller & Sons Pty Ltd to pay a penalty of $10,200 and Mr. Edward Albert Fuller to pay a penalty of $2,040. Both parties were also ordered to pay the Fair Work Ombudsman's costs.