Fair Work Ombudsman v Golden Vision Food and Beverage Services Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings in the Federal Circuit and Family Court of Australia against Golden Vision Food and Beverage Services Pty Ltd (the Company) and its sole director, Mr. Jian Li. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) (the Act), specifically relating to the underpayment of wages to two employees. The FWO sought orders for the recovery of outstanding wages and penalties against both the Company and Mr. Li personally.

The central legal issues before the Court were whether the Company had contravened the Act by failing to pay minimum award wages and entitlements to its employees, and whether Mr. Li, as the sole director, was personally liable for these contraventions. The FWO also sought to establish that Mr. Li had knowingly concerned himself in the contraventions, thereby attracting personal liability under section 550 of the Act.

Judge Jarrett found that the Company had indeed contravened the Act by failing to pay the correct minimum wages and entitlements under the relevant award. Crucially, the Court determined that Mr. Li was personally liable for these contraventions. This was based on the finding that Mr. Li, as the sole director and manager, was actively involved in the day-to-day operations of the business and was aware of the wage arrangements that led to the underpayments. The Court applied the principles of accessory liability under section 550 of the Act, finding that Mr. Li had knowingly concerned himself in the Company's contraventions.

The Court ordered the Company to pay the outstanding wages to the two employees. Furthermore, penalties were imposed on both the Company and Mr. Li personally for the contraventions of the Act.