Fair Work Ombudsman v Noorpreet Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Noorpreet Pty Ltd (the company) and its sole director, Mr. Singh, alleging contraventions of the *Fair Work Act 2009* (Cth) (the Act). The dispute concerned the company's failure to pay two employees their minimum entitlements under the *Fast Food Industry Award 2010* and the *National Employment Standards* (NES). The proceedings were heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the company had contravened specific provisions of the Act by failing to pay the correct minimum wages and entitlements, and whether Mr. Singh, as a director, was knowingly concerned in, or party to, those contraventions. The FWO sought pecuniary penalties against both the company and Mr. Singh, as well as orders for the repayment of the outstanding wages.

Judge Nicholls found that the company had indeed contravened the Act by failing to pay the employees their minimum entitlements. Crucially, the court also found Mr. Singh personally liable for the contraventions, applying the principle that a director who is knowingly concerned in or party to a contravention by a company can be held personally responsible under section 550 of the Act. The court considered evidence demonstrating Mr. Singh's active involvement in the company's operations and his awareness of the employees' working conditions and remuneration.

The court ordered Noorpreet Pty Ltd to pay a penalty of $10,000 and Mr. Singh to pay a penalty of $2,000. Additionally, the company was ordered to rectify the underpayments to the two employees, totalling $10,688.90, plus superannuation and interest.