Fair Work Ombudsman v Phiyasirikul Trading as Thai Square Warners Bay

The Fair Work Ombudsman (FWO) brought proceedings against Phiyasirikul Trading, operating as Thai Square Warners Bay, alleging breaches of civil remedy provisions of the *Fair Work Act 2009* (Cth). The dispute concerned the employer's failure to comply with its obligations under the Act, leading to the imposition of pecuniary penalties. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was to determine the appropriate pecuniary penalty to be imposed on the employer for the contraventions of the *Fair Work Act 2009*. This involved considering the nature and seriousness of the breaches, the employer's conduct, and the need for deterrence, both specific and general.

Judge Cameron considered the relevant factors for penalty imposition as outlined in the *Fair Work Act 2009*, including the size of the employer's business, the impact of the contraventions on the employees, and the employer's level of cooperation with the FWO. The Court emphasised the importance of ensuring compliance with workplace laws and deterring future contraventions by imposing penalties that reflect the seriousness of the breaches. The Court found that the employer had contravened the Act and ordered the payment of pecuniary penalties.