Fair Work Ombudsman v Finn Fish Pty Ltd

Fair Work Ombudsman v Finn Fish Pty Ltd concerned proceedings brought by the Fair Work Ombudsman against Finn Fish Pty Ltd and Mr. Michael Finn, the sole director and shareholder of the company. The dispute arose from alleged contraventions of the *Fair Work Act 2009* (Cth) by the company, specifically in relation to the underpayment of wages to an employee. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether Finn Fish Pty Ltd had contravened the *Fair Work Act 2009* (Cth) by failing to pay an employee minimum lawful wages and entitlements, and whether Mr. Finn was knowingly concerned in, or party to, those contraventions. The court was required to determine the extent of the underpayments and the appropriate penalties to be imposed.

Judge Riethmuller found that Finn Fish Pty Ltd had contravened the *Fair Work Act 2009* (Cth) by failing to pay the employee minimum wages and entitlements as required by the relevant award. The court also found that Mr. Finn was knowingly concerned in, and party to, the company's contraventions, having been actively involved in the decision-making process that led to the underpayments. The court applied principles of statutory interpretation to the *Fair Work Act 2009* (Cth) and relevant award provisions, and considered the objective of deterrence in the imposition of penalties.

The court ordered Finn Fish Pty Ltd to pay the outstanding wages and entitlements to the employee, and imposed a pecuniary penalty on the company for its contraventions. Mr. Finn was also ordered to pay a pecuniary penalty for his involvement in the contraventions.