Fair Work Ombudsman v Kjoo Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Kjoo Pty Ltd (Kjoo) in the Federal Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) (the Act) by Kjoo, specifically in relation to the underpayment of wages to an employee. The FWO sought pecuniary penalties against Kjoo for these alleged breaches.

The primary legal issue before the Court was whether Kjoo had contravened section 50 of the Act by failing to pay an employee the minimum wage rates prescribed by the relevant modern award, and whether this failure constituted a contravention of section 45 of the Act. The Court was also required to determine the appropriate penalty to be imposed on Kjoo, should contraventions be established.

Dowdy J found that Kjoo had contravened section 50 of the Act by failing to pay the employee the minimum wage rates stipulated by the Fast Food Industry Award 2010. This failure was also found to be a contravention of section 45 of the Act. In reaching this conclusion, the Court considered the evidence presented regarding the hours worked by the employee and the wages paid, determining that there was a shortfall. The Court applied the principles of statutory interpretation to the relevant provisions of the Act and the award, and considered the FWO's submissions on penalty.

The Court ordered Kjoo to pay a pecuniary penalty of $10,200 for the contraventions. Kjoo was also ordered to pay the FWO's legal costs.