Fair Work Ombudsman v Ho

Fair Work Ombudsman v Ho involved the Fair Work Ombudsman's appeal against the penalties imposed on Ms Ho for multiple contraventions of the Fair Work Act 2009 (Cth). The primary judge had treated Ms Ho's eight contraventions as one contravention under s 557 of the Act, which the Ombudsman argued was incorrect. The legal issues before the court were whether the primary judge's application of s 557 of the Act was correct and whether the penalty imposed was appropriate.

The Full Court found that the primary judge erred in treating Ms Ho's eight contraventions as one contravention, as s 557 applies only to breaches of the same award term. The court held that each contravention constituted a separate offence, as they involved different award terms. This interpretation was consistent with previous case law. Consequently, the court allowed the appeal and determined that Ms Ho committed eight separate contraventions. The court then reassessed the penalty to be imposed on Ms Ho, considering factors such as cooperation, contrition, corrective action, and the need for general deterrence. The court found that the specific deterrence for Ms Ho was reduced as she was no longer involved in commercial operations.

The court concluded that Ms Ho should pay pecuniary penalties totalling $27,720.00. The court extended the time for the respondent to file a notice of contention and set aside the penalty order made by the primary judge. The court's reassessment was based on the principles of specific and general deterrence, as well as the factors outlined in the Act.