Fair Work Ombudsman v H-Teq Pty Ltd
[2024] FedCFamC2G 1341
•5 December 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Fair Work Ombudsman v H-Teq Pty Ltd [2024] FedCFamC2G 1341
File number(s): BRG 206 of 2023 Judgment of: JUDGE EGAN Date of judgment: 5 December 2024 Catchwords: PRACTICE & PROCEDURE – where orders made requiring the respondents to enter an appearance and file a defence – where the respondents failed to comply with orders of the Court – where it was appropriate for judgment to be entered in default – orders accordingly. Legislation: Fair Work Act 2009 (Cth), s. 545(1), s. 550(2), s. 716(2), s. 716(5)
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021, r. 13.05
Division: Division 2 General Federal Law Number of paragraphs: 9 Date of last submission/s: 3 December 2024 Date of hearing: 3 December 2024 Place: Brisbane Counsel for the Applicant: Mr D. Payard of Counsel Solicitor for the Applicant: Fair Work Ombudsman The Respondents: Mr I. Turner, appearing on behalf of the first and second respondent. ORDERS
BRG 206 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: FAIR WORK OMBUDSMAN
Applicant
AND: H-TEQ PTY LTD (ACN 112 175 541)
First Respondent
IAN ROBERT TURNER
Second Respondent
ORDER MADE BY:
JUDGE EGAN
DATE OF ORDER:
3 DECEMBER 2024
IT IS DECLARED THAT:
1.Pursuant to s. 545(1) of the Fair Work Act 2009 (Cth) (“FW Act”), the first respondent contravened s. 716(5) of the FW Act by failing to comply with a compliance notice given to it on 8 February 2022 pursuant to s. 716(2) of the FW Act (compliance notice).
2.Pursuant to s. 545(1) of the FW Act, the second respondent was involved, in the meaning of s. 550(2) of the FW Act, in the first respondent’s contravention of s. 716(5) of the FW Act as declared in Declaration 1 above.
AND IT IS ORDERED THAT:
3.Pursuant to s. 545(1) of the FW Act, by 31 December 2024, the first respondent shall:
(a)Pay the amount of $3442.77 to the applicant; and
(b)Provide proof of payment to the applicant of the amount in sub-paragraph (a) hereof.
4.Pursuant to s. 547(2) of the FW Act, by 31 December 2024, the first respondent shall pay the amount of $790 in interest on the amount of compensation in Order 3(a) hereof.
5.The applicant shall distribute to Mr Zoran Andrevski, a former employee of the first respondent, the amounts paid to the applicant pursuant to Orders 3(a) and 4 hereof, within 90 days’ of the payments being made from the first respondent to the applicant.
6.The matter be listed for directions on the question of the imposition of any civil penalties at 9.45 am on 21 January
20242025.7.Each party have liberty to apply on the giving of two (2) days’ notice, each to the other.
8.The costs of and incidental to the application, and the application for default judgment, be reserved.
NOTATION:
A. Order has been amended pursuant to Rule 17.05(2)(e) of the Federal Circuit and Family Court (Division 2) (General Federal Law) Rules 2021, replacing “2024” with “2025” .
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE EGAN
The matter before me today is an application for default judgment made pursuant to rule 13.05 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (“the Rules”).
On 30 July 2024, the Court made orders as follows:
IT IS ORDERED THAT:
1.
The respondents file and serve a Notice of Address for Service, by their lawyers,
on or before 4:00pm on 27 August 2024.
2.
The respondents shall file and serve a defence on or before 4:00pm on 27
August 2024.
3.
The applicant shall file and serve a reply on or before 4:00pm on 10 September
2024.
4.
The respondents have leave to seek third-party inspection, for the filing of an
application for same, on or before 4:00pm on 17 September 2024, as so advised.
5.
The matter be referred for mediation before a registrar of the Court in
consultation with the parties.
6.
Each party have liberty to apply on the giving of two-days’ notice, each to the
other.
The respondents have failed to comply with Orders numbered 1 and 2, and they have each failed to availed themselves of the opportunity to seek third-party inspection by filing an application for same.
The matter between the applicant and the respondent has remained unresolved since the filing of the application for substantive relief on 10 May 2023.
The respondents have had more than ample time since May 2023 to resolve all outstanding issues as between them and the applicant. and the second respondent’s submissions about the responsinilities of the company that purchased the first respondent’s business were irrelevant to the matters for consideration by the Court today, namely whether the respondents were in default of Court orders, and whether any reasonable explanation for such default had been advanced. Default has been established, and no explanation for such default has been advanced.
The second respondent claims that the respondents don't owe any money to the employee in question, but they have taken no reasonable steps to comply with orders of this Court, and they remain in default of the Orders made on 30 July 2024.
By reason of admissions deemed to have been made on the pleadings in the light of the default of the respondents, and pursuant to rule 13.05(2) of the Rules of Court, it is appropriate, and just in all of the circumstances, that the Court make declarations and orders consequent upon the respondents’ default.
Accordingly, in addition to consequential Orders as recorded above, it is declared that:
(a)Pursuant to s. 545(1) of the Fair Work Act 2009 (Cth) (“FW Act”), the first respondent contravened s. 716(5) of the FW Act by failing to comply with a compliance notice given to it on 8 February 2022 pursuant to s. 716(2) of the FW Act (compliance notice).
(b)Pursuant to s. 545(1) of the FW Act, the second respondent was involved, within the meeting of s. 550(2) of the FW Act, in the first respondent's contravention of s. 716(5) of the FW Act as declared in declaration (1) above.
I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan. Associate:
Dated: 5 December 2024
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