FEDERAL CIRCUIT COURT OF AUSTRALIA
| FAIR WORK OMBUDSMAN v MONOCHROMATIC ENGINEERING PTY LTD & ANOR | [2017] FCCA 533 |
| Catchwords: INDUSTRIAL LAW – Penalty hearing – small enterprise – relevant factors to be taken into account – Fair Work Ombudsman urged penalties to be imposed at the rate of 80% of sum unpaid – 20% ordered. |
| Legislation: Fair Work Act 2009 (Cth) Penalty Interest Rates Act 1983 (Cth) |
| Applicant: | FAIR WORK OMBUDSMAN |
| First Respondent: | MONOCHROMATIC ENGINEERING PTY LTD (ACN 007 274 044) |
| Second Respondent: | ZORAN CRVENKOVIC |
| File Number: | MLG 1309 of 2016 |
| Judgment of: | Judge Wilson |
| Hearing date: | 4 October 2016 |
| Date of Last Submission: | 22 November 2016 |
| Delivered at: | Melbourne |
| Delivered on: | 23 March 2017 |
REPRESENTATION
| Solicitors for the Applicant: | Solicitor for Fair Work Ombudsman |
| No appearance on behalf of the first or second respondents |
ORDERS
The first respondent pay a penalty in the sum of 20% of the maximum sum payable ($108,000.00) namely, $21,600.00 within 60 days.
The second respondent pay a penalty in the sum of 20% of the maximum sum payable ($21,600.00) namely, $4,320.00 within
60 days.
The first and second respondents pay the costs of the applicant fixed in the sum of $4,718.00.
The applicant has liberty to apply on seven days’ notice in the event that any of the orders made in paragraphs 1, 2 or 3 are not complied with.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLG 1309 of 2016
| FAIR WORK OMBUDSMAN |
Applicant
And
| MONOCHROMATIC ENGINEERING PTY LTD (ACN 007 274 044) |
First Respondent
| ZORAN CRVENKOVIC |
Second Respondent
REASONS FOR JUDGMENT
Introduction
Consequent upon the entry of default judgment against Monochromatic Engineering Pty Ltd (“the first respondent”) and Zoran Crvenkovic (“the second respondent”) on 4 October 2016 and the making of various declarations, Fair Work Ombudsman (“FWO”) sought the imposition of penalties on each respondent for contraventions of the Fair Work Act 2009 (Cth) (“the Act”). The first respondent’s liability was direct. The second respondent’s liability was…
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- Case
- [2017] FCCA 533
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the Company had contravened the *Fair Work Act 2009* (Cth) by failing to pay an employee the minimum wages and entitlements as prescribed by the relevant award and the National Employment Standards. This involved determining the correct classification of the employee under the award and assessing whether the payments made by the Company met the minimum requirements.
Judge Wilson found that the Company had indeed contravened the *Fair Work Act 2009* (Cth) by underpaying the employee. The Court reasoned that the Company had incorrectly classified the employee, leading to the payment of wages below the minimum rate stipulated by the applicable award. The Court applied the principles of award interpretation and wage payment obligations under the Act, concluding that the Company's actions constituted a breach of its statutory obligations. The Court ordered the Company to pay the outstanding wages to the employee and imposed a pecuniary penalty for the contraventions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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