Fair Work Ombudsman v Glasshouse Mountains Tavern Pty Ltd

The Fair Work Ombudsman (FWO) commenced proceedings against Glasshouse Mountains Tavern 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 casual employees the minimum hourly rate prescribed by the applicable award, specifically the *Hospitality Industry (General) Award 2010*. The FWO also alleged that the employer had failed to provide employees with the required notice of termination or payment in lieu of notice.

The court was required to determine whether the employer had contravened section 535 of the *Fair Work Act 2009* by failing to keep accurate and complete employee records, and whether it had contravened section 536 of the *Fair Work Act 2009* by failing to provide employees with a copy of their pay records. Furthermore, the court had to consider whether the employer had contravened the *Hospitality Industry (General) Award 2010* by failing to pay casual employees the minimum hourly rate and by failing to provide adequate notice of termination or payment in lieu of notice.

Judge Baumann found that the employer had contravened the *Fair Work Act 2009* and the *Hospitality Industry (General) Award 2010* in relation to the underpayment of casual employees and the failure to provide proper notice of termination. The court applied the principles of award interpretation and the statutory obligations regarding record-keeping and termination notice. The employer's failure to pay the correct minimum casual rate and to provide the requisite notice was established.

The court ordered Glasshouse Mountains Tavern Pty Ltd to pay pecuniary penalties for the contraventions. The employer was also ordered to rectify the underpayments to the affected employees and to pay the FWO's costs.