Fair Work Ombudsman v Fed Up Deli & Catering Pty Ltd (in Liquidation) (ACN 118 143 972) & Anor

In the matter of Fair Work Ombudsman v Fed Up Deli & Catering Pty Ltd (in Liquidation) & Anor, the court addressed the issue of wage underpayment and record-keeping failures against Fed Up Deli & Catering Pty Ltd and its director, Damien Neil Charles. The Fair Work Ombudsman sought to hold both respondents liable for breaches of various provisions of the Workplace Relations Act 1996, the Workplace Relations Regulations 2006, and the Fair Work Act 2009. Specifically, the respondents were accused of failing to pay and credit minimum wages, annual leave, and annual leave loading to employees Damien Neil Charles and Michael Lee Loss, as well as failing to keep required records.

The court examined whether the respondents contravened specific sections of the aforementioned acts and regulations. The legal issues primarily revolved around the interpretation and application of these statutory provisions, focusing on the obligations to pay minimum wages, provide annual leave, maintain proper records, and the respective liabilities of the employer and director. The court needed to determine the extent of the respondents' liability and whether they had contravened the specified sections of the legislation.

The court found that both respondents were indeed liable for the contraventions. The first respondent, Fed Up Deli & Catering Pty Ltd, was held accountable for failing to pay and credit wages and leave entitlements to the employees and for record-keeping deficiencies. The second respondent, Damien Neil Charles, was found liable due to his role as a director, which implicated him under the specified statutory provisions. The court calculated the penalties based on the nature and extent of the contraventions and directed that the penalties be paid to the affected employees. The second respondent was ordered to pay a total penalty of $19,965, to be distributed to the employees as compensation for the unpaid entitlements.

The court's final orders included the imposition of penalties on the second respondent and the distribution of these penalties to the employees as compensation. The specific amounts were $14,630.40 to Michael Lee Loss and $5,334.60 to Damien Neil Charles, reflecting the court's determination of the respective entitlements owed to each employee.