Fair Work Ombudsman v Jenni International Pty Ltd and Anor (No.2)

In *Fair Work Ombudsman v Jenni International Pty Ltd and Anor (No.2)*, Judge McNab of the Federal Circuit and Family Court of Australia considered the assessment of penalties for contraventions of the *Fair Work Act 2009* (Cth). The dispute involved the underpayment of entitlements by a small business, Jenni International Pty Ltd, to its non-Australian citizen employees.

The court was required to determine the appropriate pecuniary penalties to be imposed on both the corporate respondent, Jenni International Pty Ltd, and the individual respondent, the second respondent. In doing so, the court considered a non-exhaustive list of factors relevant to the imposition of penalties under the Act.

Judge McNab reasoned that the underpayment of entitlements was significant and that the respondents had not exhibited contrition or provided evidence of corrective action. The court placed significant weight on the need for both general and specific deterrence, noting that the respondents' conduct was deliberate. The court further observed that the second respondent, an individual, was highly educated, which was a relevant consideration in assessing their culpability. Consequently, the court ordered Jenni International Pty Ltd to pay a total pecuniary penalty of $90,000 and the second respondent to pay a total pecuniary penalty of $31,000, with both amounts to be paid to the Consolidated Revenue Fund of the Commonwealth.