Fair Work Ombudsman v Koojedda Carpentry Pty Ltd as trustee for the Gumley Trust

The Fair Work Ombudsman (FWO) commenced proceedings in the Federal Circuit Court of Australia against Koojedda Carpentry Pty Ltd as trustee for the Gumley Trust (the respondent). The FWO alleged that the respondent had contravened the *Fair Work Act 2009* (Cth) by failing to pay employees their entitlements, including wages, casual loadings, weekend and public holiday penalty rates, overtime, untaken annual leave, and payment in lieu of notice. Additionally, the respondent was accused of failing to keep and produce required records and documents.

The primary legal issues before the Court were whether the respondent had contravened the *Fair Work Act 2009* (Cth) in relation to the alleged underpayments and record-keeping failures, and whether the respondent should be permitted to be represented by a non-lawyer in the proceedings.

In relation to the representation issue, Judge Lucev considered the relevant factors for exercising the discretion to allow a corporation to be represented by a non-lawyer. These factors typically include the complexity of the proceedings, the capacity of the proposed representative, and the potential prejudice to the other party. The Court's reasoning on this point would have involved an assessment of whether allowing non-lawyer representation would impede the efficient and fair conduct of the litigation. The Court also considered the substantive allegations of underpayment and record-keeping breaches, which would have involved an examination of the employment agreements, relevant awards, and the evidence presented by the FWO.

The Court ultimately made orders regarding the representation of the respondent and, if the substantive allegations were proven, would have made orders for the respondent to rectify the underpayments and potentially pay penalties.