Fair Work Ombudsman v Poisson Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Poisson Pty Ltd in the Federal Circuit and Family Court of Australia concerning alleged contraventions of the *Fair Work Act 2009* (Cth) and an applicable award. The dispute centred on Poisson Pty Ltd's failure to provide employees with their minimum award entitlements, specifically regarding basic rates of pay, penalty rates, and loadings, and its failure to maintain accurate employment records as required by the Act.

The court was required to determine whether Poisson Pty Ltd had contravened the Fair Work Act and the relevant award by underpaying its employees and by failing to keep and retain proper employment records. A further issue was the appropriate level of pecuniary penalties to be imposed for these contraventions, taking into account the seriousness of the conduct and any mitigating or aggravating factors.

Judge Middleton found that Poisson Pty Ltd had indeed contravened the Fair Work Act and the award by failing to pay employees their correct entitlements and by not keeping adequate records. The court applied the principles of statutory interpretation to the relevant provisions of the Fair Work Act and the award, finding that the employer had a clear obligation to ensure employees received at least the minimum rates of pay and to maintain accurate records. In determining penalties, the court considered factors such as the duration and extent of the underpayments, the employer's level of responsibility, and the need for deterrence. The court ordered Poisson Pty Ltd to pay pecuniary penalties totalling $10,800 for the contraventions.