Fair Work Ombudsman v F.L. Press Pty Ltd and Anor (No.3)

This matter concerned proceedings brought by the Fair Work Ombudsman against F.L. Press Pty Ltd and Mr. Frank Lazzaro, alleging contraventions of the *Fair Work Act 2009* (Cth) and the National Employment Standards. The dispute centred on alleged underpayments of wages and entitlements to two employees, Mr. S. and Mr. P., who were employed by F.L. Press Pty Ltd, a printing company. Mr. Lazzaro was the sole director and shareholder of F.L. Press Pty Ltd. The Fair Work Ombudsman sought declarations of contravention, pecuniary penalties, and orders for the recovery of outstanding employee entitlements.

The primary legal issues before the Court were whether F.L. Press Pty Ltd had contravened the *Fair Work Act 2009* (Cth) and the National Employment Standards by failing to pay the correct minimum wages, overtime, annual leave, and personal/carer's leave entitlements to its employees. A further issue was whether Mr. Lazzaro should be held personally liable for the contraventions of F.L. Press Pty Ltd, pursuant to section 550 of the *Fair Work Act 2009* (Cth), as a person involved in the company's contraventions.

Judge Cameron found that F.L. Press Pty Ltd had indeed contravened the *Fair Work Act 2009* (Cth) and the National Employment Standards in relation to the underpayment of wages and entitlements for both Mr. S. and Mr. P. The Court applied the principles of statutory interpretation to the relevant provisions of the Act and the applicable modern award. Regarding Mr. Lazzaro's personal liability, the Court determined that he was knowingly and actively involved in the company's failure to comply with its obligations, and therefore was involved in the contraventions within the meaning of section 550. The Court considered the evidence presented, including employment records and pay slips, to establish the extent of the underpayments and Mr. Lazzaro's knowledge and participation.

The Court ordered F.L. Press Pty Ltd to pay pecuniary penalties totalling $30,000 and Mr. Lazzaro to pay pecuniary penalties totalling $6,000. Furthermore, F.L. Press Pty Ltd was ordered to rectify the underpayments to Mr. S. and Mr. P., with the total amount of $10,998.90 to be paid to the employees.