Fair Work Ombudsman v Mahomet (Trading as Academy for Kids)

The Fair Work Ombudsman (FWO) brought proceedings in the Federal Court of Australia against Mahomet, who traded as Academy for Kids, alleging contraventions of the *Fair Work Act 2009* (Cth). The dispute concerned allegations that Mahomet had failed to keep accurate and complete employee records and had failed to provide pay slips to employees, in contravention of sections 580 and 581 of the Act respectively.

The primary legal issue before Burchardt J was whether Mahomet had contravened the record-keeping and pay slip provisions of the *Fair Work Act 2009* (Cth). Specifically, the court was required to determine if Mahomet had failed to make and keep employee records as required by section 580 of the Act, and if Mahomet had failed to provide pay slips to employees in accordance with section 581 of the Act.

Burchardt J found that Mahomet had contravened both sections 580 and 581 of the *Fair Work Act 2009* (Cth). The court was satisfied, based on the evidence presented, that Mahomet had failed to maintain accurate and complete records for employees, including details of hours worked and entitlements. Furthermore, the court found that Mahomet had not provided employees with the requisite pay slips, which are mandated to contain specific information regarding pay and deductions. The court applied the principles of statutory interpretation to the relevant provisions of the Act, finding that the obligations imposed by sections 580 and 581 were clear and that Mahomet's conduct fell short of these requirements.

The court ordered Mahomet to pay a pecuniary penalty for the contraventions.