Fair Work Ombudsman v Jorgensen (No.3)

In *Fair Work Ombudsman v Jorgensen (No.3)*, the Federal Circuit Court of Australia considered a dispute between the Fair Work Ombudsman and Mr. Jorgensen concerning alleged contraventions of the *Fair Work Act 2009* (Cth). The Ombudsman sought penalties against Mr. Jorgensen for his involvement in the underpayment of employees of a company.

The central legal issue before the Court was whether Mr. Jorgensen was personally liable for the contraventions of the *Fair Work Act*, specifically concerning the alleged failure to pay employees their minimum entitlements. This involved determining whether Mr. Jorgensen had acted as an accessory to the company's contraventions, thereby making him personally responsible under the Act.

Judge Vasta found that Mr. Jorgensen was indeed personally liable for the contraventions. The Court applied the principles of accessory liability under the *Fair Work Act*, focusing on whether Mr. Jorgensen had aided, abetted, counselled, or procured the contraventions. The evidence established that Mr. Jorgensen was aware of the company's obligations and actively participated in decisions that led to the underpayment of employees, demonstrating the necessary intent and involvement to establish personal liability. The Court ordered Mr. Jorgensen to pay penalties for these contraventions.