Fair Work Ombudsman v Jenni International Pty Ltd

In *Fair Work Ombudsman v Jenni International Pty Ltd*, the Fair Work Ombudsman brought proceedings against Jenni International Pty Ltd (First Respondent) and Ms. Jihyun Park (Second Respondent) concerning alleged contraventions of the *Fair Work Act 2009* (Cth) and the General Retail Industry Award 2010. The dispute centred on the underpayment of two non-Australian citizen employees, Mr. Geonsang Park and Ms. Narae Yang, and related record-keeping and pay slip obligations. The matter was heard by Judge McNab.

The court was required to determine whether the Second Respondent was knowingly concerned in the First Respondent's contraventions of the *Fair Work Act* and the Retail Award. Specifically, this involved assessing whether Ms. Park had the requisite knowledge and involvement to be held accessorially liable for the alleged failures to pay minimum rates, penalty rates, overtime, and accrued annual leave on termination, as well as breaches of record-keeping and pay slip requirements.

Judge McNab found that the Second Respondent was involved, within the meaning of subsection 550(1) of the *Fair Work Act*, in all of the First Respondent's contraventions. These contraventions included failing to pay Mr. Park and Ms. Yang minimum rates of pay, various penalty rates (Saturday, Sunday, evening work, public holiday), overtime, and accrued annual leave on termination. The court also found contraventions related to failing to make and keep employee records and provide pay slips. The court declared that the Second Respondent was knowingly concerned in these breaches.