Fair Work Ombudsman v Lycamobile Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Lycamobile Pty Ltd (Lycamobile) in the Federal Court of Australia. The dispute concerned allegations that Lycamobile had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to keep accurate and complete employee records and by failing to provide employees with payslips that complied with the Act's requirements. The FWO sought pecuniary penalties for these alleged contraventions.

The primary legal issue before the Court was whether Lycamobile had contravened sections 535(1) and 536(1) of the *Fair Work Act 2009* (Cth). Specifically, the Court had to determine if Lycamobile had failed to keep and retain accurate and complete employee records as required by section 535(1), and if it had failed to provide employees with payslips containing the information mandated by section 536(1). The FWO alleged that these failures constituted separate contraventions of the Act.

Judge Burnett found that Lycamobile had indeed contravened section 535(1) of the *Fair Work Act 2009* (Cth) by failing to keep accurate and complete employee records. The Court also found that Lycamobile had contravened section 536(1) by failing to provide compliant payslips to its employees. The Court reasoned that the record-keeping and payslip obligations under the Act are distinct and that a failure to meet either requirement constitutes a separate contravention. The Court applied the principles of statutory interpretation to ascertain the scope and intent of these provisions, emphasizing the importance of accurate record-keeping and transparent payslip information for the effective operation of the national workplace relations system.

The Court ordered Lycamobile to pay pecuniary penalties for the contraventions.