Fair Work Ombudsman v Goldfinger Facility Management Pty Ltd and Anor (No.2)

In the Federal Circuit and Family Court of Australia, Judge Antoni Lucev presided over proceedings in *Fair Work Ombudsman v Goldfinger Facility Management Pty Ltd and Anor (No.2)*. The dispute concerned allegations of contraventions of the *Fair Work Act 2009* (Cth) by Goldfinger Facility Management Pty Ltd and its director, Mr. Anthony John Smith, in relation to the employment of two individuals. The Fair Work Ombudsman sought declarations and penalties against the respondents for these alleged breaches.

The central legal issues before the Court were whether Goldfinger Facility Management Pty Ltd and Mr. Smith had contravened specific provisions of the *Fair Work Act 2009* (Cth), including those relating to minimum wages, annual leave entitlements, and the provision of payslips. The Court was required to determine the extent of the respondents' liability for these alleged contraventions and whether Mr. Smith was personally liable for the actions of the company.

Judge Lucev's reasoning focused on the evidence presented regarding the employment arrangements and the statutory obligations owed to the employees. The Court applied the principles of statutory interpretation to the relevant sections of the *Fair Work Act 2009* (Cth) and considered the evidence of the actual wages paid and entitlements provided. The Court found that Goldfinger Facility Management Pty Ltd had contravened the Act in relation to minimum wages and annual leave, and that Mr. Smith was personally involved in and therefore liable for these contraventions.

Consequently, the Court ordered Goldfinger Facility Management Pty Ltd to pay penalties totalling $20,000 and Mr. Anthony John Smith to pay penalties totalling $4,000. The Court also ordered the respondents to rectify the underpayments of wages and annual leave to the two affected employees.