Fair Work Ombudsman v Golden Vision Food and Beverage Services Pty Ltd and Anor (No.2)

In the Federal Circuit and Family Court of Australia, Judge Jarrett considered the application by the Fair Work Ombudsman (FWO) against Golden Vision Food and Beverage Services Pty Ltd and Mr. Jian Li. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by the company and Mr. Li, who was said to be involved in those contraventions. The FWO sought declarations and pecuniary penalties.

The court was required to determine whether Golden Vision Food and Beverage Services Pty Ltd had contravened provisions of the *Fair Work Act 2009* (Cth) relating to minimum wages and entitlements for its employees. Furthermore, the court had to ascertain whether Mr. Jian Li was knowingly concerned in, or party to, the alleged contraventions by the company, thereby rendering him personally liable for penalties.

Judge Jarrett found that the company had indeed contravened the *Fair Work Act 2009* (Cth) by failing to pay minimum wages and entitlements to its employees. The court applied the principles of statutory interpretation to the relevant provisions of the Act and considered the evidence presented regarding the employment arrangements and payment practices. Crucially, the court determined that Mr. Li was knowingly concerned in the company's contraventions, having been actively involved in the decision-making processes that led to the underpayment of employees. The court emphasised that personal liability could attach to individuals who were aware of the contraventions and participated in them.

The court ordered Golden Vision Food and Beverage Services Pty Ltd to pay pecuniary penalties totalling $10,000 and Mr. Jian Li to pay pecuniary penalties totalling $2,000. The court also made declarations that the contraventions had occurred and ordered the respondents to rectify the underpayments to the affected employees.