Fair Work Ombudsman v Ohmedia Melbourne

The Fair Work Ombudsman (FWO) brought proceedings against Ohmedia Melbourne Pty Ltd (Ohmedia) and its director, Mr. Michael O'Brien, alleging contraventions of the *Fair Work Act 2009* (Cth) (the Act). The dispute concerned allegations that Ohmedia had failed to make superannuation contributions for certain employees, thereby breaching its obligations under the Act. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether Ohmedia had contravened section 52 of the Act by failing to make the requisite superannuation contributions for its employees. A secondary issue concerned whether Mr. O'Brien was knowingly concerned in, or party to, Ohmedia's contraventions, which would render him personally liable under section 550 of the Act.

Judge Jarrett found that Ohmedia had indeed contravened section 52 of the Act by failing to pay superannuation contributions for several employees within the prescribed timeframes. The Court determined that the evidence established a pattern of non-compliance by Ohmedia. Furthermore, the Court found that Mr. O'Brien was knowingly concerned in, and party to, these contraventions, based on his role as director and his involvement in the company's financial management and decision-making processes. The Court applied the principles of statutory interpretation to the relevant provisions of the Act and considered the evidence presented by the FWO regarding the outstanding superannuation payments and Mr. O'Brien's knowledge and participation.

The Court ordered Ohmedia to pay the outstanding superannuation contributions, plus superannuation guarantee charge and interest. Mr. O'Brien was also ordered to pay pecuniary penalties for his involvement in the contraventions.