Fair Work Ombudsman v Indian Food Catering Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings in the Federal Circuit and Family Court of Australia against Indian Food Catering Pty Ltd (the first respondent) and Mr. Singh (the second respondent). The FWO sought declarations and penalties for alleged contraventions of section 405 of the *Fair Work Act 2009* (Cth), which relates to the obligation to keep and maintain employee records.

The court was required to determine whether the respondents had contravened section 405 of the Act, and if so, what penalty, if any, should be imposed against the first respondent. Additionally, the court had to consider whether the requirements for making a costs order under section 570(2) of the Act were met.

Judge Street found that Indian Food Catering Pty Ltd had contravened section 405 of the Act by failing to keep and maintain employee records. However, no contravention was found against Mr. Singh personally. Consequently, a penalty was imposed against the first respondent. The court determined that the circumstances did not warrant making any order for costs in favour of either party.