Fair Work Ombudsman v Konsulteq Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings in the Federal Circuit Court of Australia against Konsulteq Pty Ltd, alleging contraventions of the *Fair Work Act 2009* (Cth) concerning the underpayment of an employee. The dispute centred on whether Konsulteq had correctly calculated and paid entitlements, including minimum wages, overtime, and leave, to a former employee.

The primary legal issue before the Court was to determine whether Konsulteq had contravened the *Fair Work Act 2009* (Cth) by failing to pay an employee their minimum entitlements. This involved assessing the correct classification of the employee under the relevant award, the calculation of hours worked, and the application of penalty rates and leave entitlements as prescribed by the award and the Act.

Judge Riethmuller found that Konsulteq had contravened the *Fair Work Act 2009* (Cth) by underpaying the employee. The Court determined that the employee had been incorrectly classified, leading to the payment of wages below the minimum rate stipulated by the applicable award. Furthermore, the Court found that overtime entitlements and leave loading had not been paid in accordance with the award. The Court ordered Konsulteq to pay the outstanding amounts to the employee and imposed penalties for the contraventions.