Fair Work Ombudsman v Liquid Fuel Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Liquid Fuel Pty Ltd (the Company) in the Federal Circuit and Family Court of Australia, alleging contraventions of the *Fair Work Act 2009* (Cth) (the Act). The dispute concerned the Company's failure to pay certain employees their entitlements under the National Employment Standards (NES) and a relevant modern award, specifically the *Clerks – Private Sector Award 2020*. The FWO sought pecuniary penalties for these alleged breaches.

The primary legal issue before the Court was whether the Company had contravened the NES and the *Clerks – Private Sector Award 2020* by failing to pay minimum wages, annual leave entitlements, and long service leave entitlements to a number of its employees. The Court was required to determine the nature and extent of the Company's obligations under these instruments and whether those obligations had been met.

Judge O'Sullivan found that the Company had indeed contravened the Act by failing to pay the employees their minimum wages and annual leave entitlements. The Court reasoned that the Company had not provided evidence to demonstrate that these entitlements had been paid, and therefore the onus shifted to the Company to prove payment. As the Company failed to discharge this onus, the Court concluded that the contraventions had occurred. The Court also found that the Company had contravened the Act by failing to pay long service leave entitlements, as these were not paid in accordance with the relevant state legislation. The Court ordered the Company to pay pecuniary penalties totalling $10,800 and to rectify the underpayments to the affected employees.