Fair Work Ombudsman v Mahomet

The Fair Work Ombudsman (the applicant) brought proceedings against Mahomet (the respondent) in the Federal Circuit Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by the respondent.

The court was required to determine the appropriate penalty to be imposed on the respondent for the contraventions. In doing so, the court considered the extent to which the respondent had demonstrated contrition, taken corrective action, and cooperated with the authorities during the investigation and proceedings.

Justice O'Sullivan noted that the respondent provided limited cooperation during the initial investigation period, failing to participate in a recorded interview or comply with a Notice to Produce. While the respondent later admitted to the contraventions and consented to an amended statement of claim after proceedings commenced, which saved costs, the court found no evidence of corrective action or genuine remorse. The court applied the principles from *Mornington Inn*, stating that a discount for cooperation should be reserved for cases where an admission indicates acceptance of wrongdoing and a willingness to facilitate justice, rather than simply avoiding a contested trial.

The applicant submitted that a 10% discount on penalty was appropriate, reflecting the respondent's admissions and subsequent cooperation. The court incorporated this discount into the proposed penalty ranges.