Fair Work Ombudsman v Joys Child Care Limited & ANOR

The Fair Work Ombudsman brought proceedings against Joys Child Care Limited and another party in the Federal Circuit and Family Court of Australia. The dispute concerned Joys Child Care Limited's alleged failure to comply with a Compliance Notice issued under section 716 of the *Fair Work Act 2009* (Cth).

The primary legal issue before the Court was whether Joys Child Care Limited had a "reasonable excuse" under section 716(6) of the *Fair Work Act 2009* (Cth) for its non-compliance with the Compliance Notice. This required the Court to determine if the circumstances presented by the company constituted a valid defence to the alleged contravention.

Judge Altobelli found that Joys Child Care Limited, despite its status as a community-based not-for-profit company with registered charity status, had engaged participants in an unpaid training program who were, in fact, employees. The Court reasoned that the nature of the relationship, including the control exercised and the benefit derived by the company, established an employment relationship. Consequently, the Court determined that no reasonable excuse for non-compliance with the Compliance Notice had been established.