Fair Work Ombudsman v Koojedda Carpentry Pty Ltd as trustee for the Gumley Trust & Ors (No.2)

The Federal Court of Australia, constituted by Lucev J, considered a dispute between the Fair Work Ombudsman and Koojedda Carpentry Pty Ltd as trustee for the Gumley Trust, along with other respondents. The proceedings concerned alleged contraventions of the *Fair Work Act 2009* (Cth) and relevant modern awards, specifically the Fast Food Industry Award 2010 and the Restaurant Industry Award 2010.

The court was required to determine whether the respondents had contravened various provisions of the *Fair Work Act*, including those relating to minimum wages, entitlements under modern awards, and record-keeping obligations. A key issue was the application of the *Crimes Act 1914* (Cth) in relation to the calculation of pecuniary penalties for the contraventions.

Lucev J applied the principles of statutory interpretation to ascertain the meaning and application of the relevant sections of the *Fair Work Act* and the *Crimes Act*. The court considered the nature of the contraventions, the number of employees affected, and the duration of the non-compliance in assessing the appropriate penalties. The court's reasoning focused on ensuring compliance with minimum employment standards and deterring future breaches.

The court made orders against the respondents, including the imposition of pecuniary penalties for the contraventions found.