Fair Work Ombudsman v Jaycee Trading Pty Ltd & Anor (No.1)

The Federal Court of Australia, constituted by Emmett J, considered a dispute between the Fair Work Ombudsman and Jaycee Trading Pty Ltd and Mr. John Charles Yianni. The proceedings concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Jaycee Trading and Mr. Yianni, who was the sole director and shareholder of the company.

The primary legal issue before the Court was whether Jaycee Trading, by failing to pay its employees their minimum entitlements under the relevant award and the *National Employment Standards*, had contravened the *Fair Work Act*. A further issue was whether Mr. Yianni was knowingly concerned in, or party to, these contraventions, thereby rendering him personally liable under section 550 of the Act.

Emmett J reasoned that the evidence established that Jaycee Trading had indeed failed to pay its employees the minimum wages and entitlements required by the applicable award and the *National Employment Standards*. Regarding Mr. Yianni's personal liability, the Court found that he was aware of the company's financial difficulties and the fact that employees were not being paid their full entitlements. His Honour concluded that Mr. Yianni was knowingly concerned in, and party to, the contraventions by Jaycee Trading, and therefore personally liable.

The Court ordered that Jaycee Trading Pty Ltd and Mr. John Charles Yianni were jointly and severally liable to pay pecuniary penalties for the contraventions found.