Fair Work Ombudsman v Maroochy Sunshine Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Maroochy Sunshine Pty Ltd (the employer) in the Federal Circuit Court of Australia. The dispute concerned allegations that the employer had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay an employee, Ms. K. L. Davies, her minimum entitlements, specifically her minimum hourly rate and overtime entitlements, during her employment. The FWO sought pecuniary penalties for these alleged contraventions.

The primary legal issue before the Court was whether the employer had contravened section 45 of the *Fair Work Act 2009* (Cth) by failing to pay Ms. Davies the minimum hourly rate and overtime rates as prescribed by the relevant award, the *Restaurant Industry Award 2010*. This involved determining the correct classification of Ms. Davies' employment and the corresponding minimum wage and overtime provisions applicable to her role.

Judge Jarrett found that the employer had indeed contravened section 45 of the *Fair Work Act 2009* (Cth). The Court determined that Ms. Davies was employed as a "Food and Beverage Attendant Grade 1" and that the employer had failed to pay her the minimum hourly rate and overtime rates stipulated by the *Restaurant Industry Award 2010* for the period of her employment. The Court reasoned that the employer bore the onus of demonstrating that it had complied with its award obligations, and it had failed to do so.

The Court ordered Maroochy Sunshine Pty Ltd to pay pecuniary penalties totalling $10,200 for the contraventions. Additionally, the employer was ordered to pay the FWO’s legal costs.