Fair Work Ombudsman v Global Work and Travel Co. Pty Ltd

The Federal Circuit Court of Australia considered a penalty imposed on Global Work and Travel Co. Pty Ltd for contraventions of the *Fair Work Act 2009* (Cth). The Fair Work Ombudsman brought the proceedings, alleging that the company failed to keep accurate and complete records relating to the leave entitlements of its employees, a breach of section 535 of the Act. The parties had agreed on a statement of facts concerning the contraventions.

The central legal issue before Vasta J was the appropriate quantum of the penalty to be imposed on the company. In determining this, the court was required to consider various factors relevant to penalty, including the need for deterrence, both specific and general, and the application of the totality principle where multiple contraventions were involved.

Vasta J applied established principles for determining penalties under the *Fair Work Act*. The court considered the nature and extent of the contraventions, the company's level of culpability, and the impact on employees. The need to deter future contraventions by the company and other employers was a significant consideration. Applying the totality principle, the court assessed the overall seriousness of the breaches when arriving at the final penalty.

The court ordered Global Work and Travel Co. Pty Ltd to pay a penalty of $15,000.