Fair Work Ombudsman v Jaycee Trading Pty Ltd & Anor (No.2)

The Federal Court of Australia, constituted by Emmett J, considered a dispute between the Fair Work Ombudsman and Jaycee Trading Pty Ltd, along with its director, Mr. John Charles Davies. The proceedings concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Jaycee Trading, with Mr. Davies alleged to be knowingly concerned in these contraventions.

The primary legal issue before the Court was whether Jaycee Trading had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to pay minimum wages to two employees, and whether Mr. Davies was knowingly concerned in these contraventions, thereby contravening section 550 of the Act. The Court was also required to determine the appropriate penalty for these contraventions.

Emmett J found that Jaycee Trading had indeed contravened section 50 of the Act by failing to pay the minimum hourly rate and overtime rates to the two employees. His Honour also found that Mr. Davies was knowingly concerned in these contraventions, having been aware of the employees' entitlements and the company's failure to meet them. In determining penalties, the Court considered the seriousness of the contraventions, the need for deterrence, and the financial capacity of the respondents. Jaycee Trading was ordered to pay a penalty of $10,200 and Mr. Davies was ordered to pay a penalty of $2,040.