Fair Work Ombudsman v Greenan (No 2)

The Fair Work Ombudsman (FWO) brought proceedings against Greenan (the respondent) concerning alleged contraventions of the *Fair Work Act 2009* (Cth). The dispute centred on Greenan's failure to pay wages to an apprentice placed with a client company. The FWO sought pecuniary penalties for these contraventions.

The court was required to determine whether Greenan had contravened the *Fair Work Act* by failing to pay the apprentice's wages. It also had to consider the appropriate penalty for any contraventions found, taking into account factors such as the nature of the conduct, the respondent's contrition, and the need for deterrence. The court also had to decide whether to refer the matter for prosecution.

Justice Wilson found that Greenan had contravened the *Fair Work Act* by failing to pay the apprentice's wages. In determining the penalty, the court noted the egregious nature of the placement agency's conduct and the lack of any evidence of contrition or remorse from the respondent. Consequently, the court imposed the maximum penalty available under the legislation. The court also referred the matter to the Commonwealth Director of Public Prosecutions for consideration of prosecution.