Fair Work Ombudsman v Hu (No 2)

Fair Work Ombudsman v Hu (No 2) concerns an action brought by the Fair Work Ombudsman against three respondents, alleging contraventions of section 45 of the Fair Work Act 2009. The dispute centres on whether piecework rates paid to employees were sufficient to meet the minimum hourly rate stipulated under the relevant award. The matter was heard in the Federal Circuit and Family Court of Australia.

The legal issues that the court had to address were whether the respondents were knowingly involved in the contraventions committed by HRS Country, an entity they controlled. This involved examining the essential elements of the alleged contraventions, including whether the respondents were aware that their employees were being paid at rates below the minimum hourly rate. The court had to determine if the respondents' involvement was knowing, given the evidence presented.

The court found that HRS Country did contravene the award in relation to employment agreements entered into between 7 February and 31 August 2014. However, it was not established that the respondents knew that their employees were casual employees, which was a critical element in determining their knowledge of the contraventions. As a result, the court concluded that the respondents were not knowingly involved in the contraventions. Consequently, the proceeding against the second and third respondents was dismissed.

The court ordered that the proceeding against the second and third respondents be dismissed. Additionally, the court noted that procedural orders would be required to facilitate the hearing of the Fair Work Ombudsman's application for declarations, penalties, and compensation against the first respondent.