Fair Work Ombudsman v Jooine (Investment) Pty Ltd

The proceedings were brought by the Fair Work Ombudsman (the Applicant) against Jooine (Investment) Pty Ltd and Mr Lee (the Respondents). The dispute concerned four admitted contraventions of the *Fair Work Act 2009* (Cth) (the FW Act). These contraventions related to misrepresenting an individual as an independent contractor contrary to section 357(1), contravening a term of a modern award under section 45, contravening a provision of the National Employment Standards under section 44(1), and failing to pay amounts payable to an employee in full and at least monthly as required by section 323(1). The matter came before Lloyd-Jones J for a penalty hearing.

The court was required to determine whether it was appropriate to make declarations sought by the Fair Work Ombudsman, given that these declarations were based on admissions made by the respondents. The court also had to consider the appropriate penalties for the admitted contraventions of the FW Act.

In reaching its decision, the court considered the authority regarding the making of declarations based on admissions. Lloyd-Jones J noted previous judicial views that declarations were not appropriate in such circumstances, but also referred to more recent authority, including the decision in *Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd*, which suggested that declarations may be appropriate in certain cases, particularly in public interest matters, if they are preceded by a statement that they are made upon admissions. Applying this reasoning, the court was satisfied that it was appropriate to make the declarations sought by the Applicant on the basis of the respondents' admissions, provided they were appropriately prefaced.

Consequently, the court made the declarations sought by the Fair Work Ombudsman and ordered that Jooine (Investment) Pty Ltd and Mr Lee pay penalties as determined by the court.