Fair Work Ombudsman v Nobrace Centre Pty Ltd (in Liquidation)

The Fair Work Ombudsman brought proceedings against Nobrace Centre Pty Ltd (in Liquidation) concerning multiple breaches of the *Fast Food Industry Award 2010* and the *Fair Work Act 2009* (Cth). The dispute arose from the underpayment of non-Australian citizens employed by the company, which operated as a franchisee of Crust Pizza. The company also admitted to providing false or misleading information or documents to the Fair Work Ombudsman.

The primary legal issue before McNab J was to determine the appropriate penalties for the admitted contraventions. This involved considering the extent of the underpayments, the nature of the breaches, and the fact that the underpayments had been repaid by the contraveners. The court was required to assess the seriousness of the company's conduct in light of its obligations under the Fair Work Act and the relevant award.

McNab J applied principles of statutory interpretation and case law concerning the imposition of penalties under the Fair Work Act. The court considered factors such as the objective seriousness of the contraventions, the need for deterrence, and the extent to which the employer had taken steps to remedy the breaches. The repayment of underpayments was a relevant factor, but the court also weighed the deliberate nature of the contraventions and the provision of misleading information. The court ultimately determined that a penalty was warranted to reflect the seriousness of the breaches and to deter future contraventions by employers.