Fair Work Ombudsman v Hadya Nominees Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Hadya Nominees Pty Ltd (the employer) in the Federal Circuit and Family Court of Australia. The dispute concerned allegations that the employer had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay an employee, Ms. K. L. Davies, her minimum entitlements under the relevant award and the National Employment Standards. Specifically, the FWO alleged breaches related to the payment of minimum wages, overtime, and annual leave entitlements.

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.