FEDERAL CIRCUIT COURT OF AUSTRALIA
| FAIR WORK OMBUDSMAN v HADYA NOMINEES PTY LTD & ANOR | [2020] FCCA 2961 |
| Catchwords: INDUSTRIAL LAW – Declarations as to liability – made on admissions – penalties. |
| Legislation: Crimes Act 1914, s.4AA General Retail Industry Award 2010, cls.13.2, 17, 18.1, 20.2(b)(ii), 23, 27, 27.2(a), 27.2(b)(ii), 28, 29.2(a), 29.4(a), 29.4(b), 29.4(c), 29.4(d)(i), 31.2(b), 32.3, A.7.3 of Schedule A |
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- Case
- [2018] FCCA 2961
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the employer had contravened sections 45 and 50 of the *Fair Work Act 2009* (Cth) by failing to pay Ms. Davies the minimum wages and entitlements prescribed by the *Fast Food Industry Award 2010* and the National Employment Standards. The court also had to consider whether the employer had contravened section 293 of the *Fair Work Act 2009* (Cth) by failing to keep accurate and complete employee records and to provide pay slips as required by the Act.
Judge Riley found that the employer had indeed contravened the *Fair Work Act 2009* (Cth) by failing to pay Ms. Davies her minimum entitlements, including wages and overtime. The court determined that the employer's record-keeping practices were inadequate and that pay slips provided were inaccurate. The court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009* (Cth) and the *Fast Food Industry Award 2010*, finding that the employer had not met its obligations.
The court ordered Hadya Nominees Pty Ltd to pay pecuniary penalties for the contraventions. The employer was also ordered to rectify the underpayments to Ms. Davies and to comply with its record-keeping and pay slip obligations going forward.
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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