Fair Work Ombudsman v Poisson Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Poisson Pty Ltd (the employer) in the Federal Circuit and Family Court of Australia. The dispute concerned allegations that the employer had contravened provisions of the *Fair Work Act 2009* (Cth) by failing to pay an employee, Mr. K. S. Lee, his minimum entitlements under the applicable modern award, specifically the *Fast Food Industry Award 2010*. The FWO sought pecuniary penalties for these alleged contraventions.

The primary legal issue before the Court was whether Poisson Pty Ltd had contravened section 45 of the *Fair Work Act 2009* (Cth) by failing to pay Mr. Lee the minimum wages and entitlements to which he was entitled under the *Fast Food Industry Award 2010*. This involved determining the correct classification of Mr. Lee's employment and the corresponding minimum rates of pay and other entitlements, such as penalty rates for weekend and public holiday work, and overtime.

Judge Jarrett found that Poisson Pty Ltd had indeed contravened section 45 of the *Fair Work Act 2009* (Cth). The Court determined that Mr. Lee had been incorrectly classified by the employer, leading to underpayment of his wages. The employer's failure to pay the correct minimum rates, including penalty rates and overtime, constituted contraventions of the *Fast Food Industry Award 2010* and, consequently, the *Fair Work Act 2009* (Cth). The Court ordered Poisson Pty Ltd to pay pecuniary penalties totalling $10,200 for the contraventions.