Fair Work Ombudsman v Nobrace Centre Pty Ltd & Anor

The Fair Work Ombudsman commenced proceedings against Nobrace Centre Pty Ltd and Mr. David John Smith, a director of the company, alleging breaches of the *Fair Work Act 2009* (Cth). The dispute centred on the company's failure to comply with a notice issued under section 716 of the Act, which required the payment of outstanding employee wages. The Ombudsman sought to establish the personal liability of Mr. Smith for the company's contravention.

The primary legal issues before the court were whether Nobrace Centre Pty Ltd had contravened section 716 of the *Fair Work Act 2009* by failing to comply with the compliance notice, and whether Mr. Smith was personally liable for this contravention under the accessorial liability provisions of the Act. The court also considered whether Mr. Smith had a defence of reasonable excuse for the company's non-compliance.

Judge Blake found that Nobrace Centre Pty Ltd had indeed failed to comply with the section 716 compliance notice, and that Mr. Smith was personally liable for this contravention. The court determined that Mr. Smith had been involved in the company's failure to comply with the notice and had not established a defence of reasonable excuse. The principles of accessorial liability, as outlined in the Act, were applied to attribute responsibility to the director for the corporate breach.

The court ordered Nobrace Centre Pty Ltd to pay the outstanding wages and imposed penalties for the contraventions. Mr. Smith was also found personally liable for penalties.