Fair Work Ombudsman v Eagle Tours Pty Limited

The Fair Work Ombudsman (FWO) brought proceedings against Eagle Tours Pty Limited (Eagle Tours) in the Federal Circuit Court of Australia. The dispute concerned allegations that Eagle Tours had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay its employees, who were primarily engaged as tour guides, the correct minimum wages and entitlements under the applicable modern award, the *Clerks – Private Sector Award 2010*. The FWO sought pecuniary penalties for these alleged contraventions.

The primary legal issue before the Court was whether Eagle Tours had contravened the *Fair Work Act 2009* (Cth) by failing to pay its employees in accordance with the minimum wage rates and other entitlements prescribed by the *Clerks – Private Sector Award 2010*. This involved determining the correct classification of the employees and the appropriate award provisions that applied to their work, particularly in relation to their duties as tour guides.

Judge Cameron found that Eagle Tours had indeed contravened the *Fair Work Act 2009* (Cth) by failing to pay its employees the minimum wages and entitlements required by the *Clerks – Private Sector Award 2010*. The Court determined that the employees' roles as tour guides fell within the scope of the award, and that Eagle Tours had misclassified them, leading to underpayment. The Court considered the nature of the employees' duties, which involved administrative tasks, customer service, and operational responsibilities, to be consistent with classifications under the award.

Consequently, the Court ordered Eagle Tours to pay pecuniary penalties totalling $10,200 for the contraventions. In addition, Eagle Tours was ordered to rectify the underpayments to its employees, with the total amount of back pay to be determined and paid to the affected workers.