Fair Work Ombudsman v Green Clean (Aust) Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Green Clean (Aust) Pty Ltd in the Federal Circuit and Family Court of Australia. The dispute concerned allegations that Green Clean had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay its employees their minimum entitlements, specifically in relation to overtime rates and annual leave loading. The FWO sought pecuniary penalties for these alleged breaches.

The central legal issue before the Court was whether Green Clean had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to pay employees in accordance with the minimum rates prescribed by the relevant modern award, the Cleaning Services Award 2010. This encompassed the determination of whether the employees were entitled to overtime rates for work performed outside ordinary hours and whether they were entitled to annual leave loading. The Court was also required to consider the appropriate penalty to be imposed if contraventions were found.

Judge Driver found that Green Clean had indeed contravened the *Fair Work Act 2009* (Cth) by failing to pay its employees the correct overtime rates and annual leave loading as stipulated by the Cleaning Services Award 2010. The Court reasoned that the employer had a clear obligation to comply with the award, and its failure to do so constituted a breach of the statutory minimum employment standards. The Court considered the nature and extent of the contraventions, the employer's history of compliance, and the need for deterrence in determining the penalty.

The Court ordered Green Clean (Aust) Pty Ltd to pay pecuniary penalties totalling $10,800 for the contraventions. Additionally, Green Clean was ordered to rectify the underpayments to the affected employees, with the total amount of back pay to be determined and paid within a specified timeframe.