Fair Work Ombudsman v Harvey

The Federal Circuit Court of Australia heard a dispute between the Fair Work Ombudsman and Mr Harvey. The Ombudsman alleged that Mr Harvey had contravened section 55 of the *Fair Work Act 2009* (Cth) by failing to comply with a term of an enterprise agreement, specifically by failing to pay an employee the correct minimum rate of pay. Mr Harvey admitted the contravention.

The central legal issue before the Court was the appropriate penalty to be imposed for the contravention of section 55 of the *Fair Work Act 2009* (Cth). The Court was required to consider the objective seriousness of the contravention, the need for deterrence, and any mitigating factors.

Judge Brown reasoned that while Mr Harvey had admitted the contravention, the failure to pay the correct minimum rate of pay was a serious matter. The Court noted that the purpose of minimum rates and enterprise agreements is to ensure employees receive at least the minimum entitlements. The Court applied the principles of penalty determination under the *Fair Work Act 2009* (Cth), considering the need to deter future contraventions by Mr Harvey and others in similar positions. The Court found that a penalty was warranted to reflect the seriousness of the breach and to uphold the integrity of the industrial relations system.

The Court ordered Mr Harvey to pay a pecuniary penalty of $1,000.