Fair Work Ombudsman v Gaura Nitai Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Gaura Nitai Pty Ltd (the employer) in the Federal Circuit and Family Court of Australia. The dispute concerned allegations that the employer had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay an employee, Ms. S. K. Singh, her minimum entitlements, specifically her minimum hourly rate and overtime entitlements, during her employment between 10 March 2019 and 29 February 2020. The FWO sought pecuniary penalties against the employer for these alleged contraventions.

The primary legal issue before the Court was whether the employer had contravened section 45 of the *Fair Work Act 2009* (Cth) by failing to pay Ms. Singh the minimum hourly rate and overtime entitlements as prescribed by the applicable modern award, the *Fast Food Industry Award 2010*. The Court was required to determine the quantum of any underpayment and whether the employer's conduct warranted the imposition of pecuniary penalties.

Judge Jarrett found that the employer had indeed contravened section 45 of the *Fair Work Act 2009* (Cth) by failing to pay Ms. Singh her minimum hourly rate and overtime entitlements. The Court determined that the employer had underpaid Ms. Singh a total of $10,178.90. In reaching this conclusion, the Court applied the principles of statutory interpretation to the *Fair Work Act 2009* (Cth) and the *Fast Food Industry Award 2010*, finding that the employer's record-keeping obligations and payment obligations were clear. The Court considered the employer's conduct to be a serious contravention, noting the significant period of underpayment and the vulnerable position of the employee.

The Court ordered Gaura Nitai Pty Ltd to pay a pecuniary penalty of $10,178.90 to the Commonwealth and to rectify the underpayment by paying Ms. Singh the full amount of $10,178.90.