Fair Work Ombudsman v First Group of Companies Pty Ltd (Deregistered)

The Federal Circuit Court of Australia heard a dispute between the Fair Work Ombudsman and First Group of Companies Pty Ltd (Deregistered). The Ombudsman alleged that First Group of Companies Pty Ltd had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay employees their minimum entitlements.

The central legal issue before the Court was whether First Group of Companies Pty Ltd had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to pay employees in accordance with the applicable modern award, and consequently, whether the company was liable for penalties under section 546 of the Act. The Court also considered the extent of the company's liability for the unpaid entitlements.

Judge Jones found that First Group of Companies Pty Ltd had indeed contravened the *Fair Work Act 2009* (Cth) by failing to pay its employees the minimum wages and entitlements prescribed by the relevant modern award. The Court applied the principles of statutory interpretation to the provisions of the *Fair Work Act 2009* (Cth) and the relevant award, concluding that the company's payment practices were insufficient to meet its legal obligations. The Court noted that the deregistration of the company did not absolve it of its past contraventions.

The Court ordered First Group of Companies Pty Ltd to pay penalties for the contraventions and to remedy the underpayments to the affected employees.