FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FAIR WORK OMBUDSMAN v PRAGLOWSKI | [2010] FMCA 621 |
| INDUSTRIAL LAW – Underpayment of basic rates of pay and non payment of casual loadings – civil penalty – consideration of matters relevant to penalty. PRACTICE AND PROCEDURE – Removal of a company in liquidation as an unnecessary and inappropriate respondent. |
| Corporations Act 2001 (Cth), s.471B Crimes Act 1914 (Cth), ss.4AA Fair Work Act 2009 (Cth), ss.687, 701 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), s.11 Workplace Relations Act 1996 (Cth), ss.4, 171, 182, 185, 208, 717, 718, 719, 722, 728 |
| Applicant: | FAIR WORK OMBUDSMAN |
| Respondent: | ANDRE PRAGLOWSKI |
| File Number: | SYG 956 of 2010 |
| Judgment of: | Driver FM |
| Hearing date: | 16 August 2010 |
| Delivered at: | Sydney |
| Delivered on: | 28 October 2010 |
REPRESENTATION
| Solicitors for the Applicant: | Ms L Andelman |
| Solicitors for the Respondent: | Mr S Shneider Houston, Dearne, O’Connor Solicitors |
ORDERS
The Court notes the following admissions:
Country Hospitality Pty Ltd (in liquidation) contravened the following provisions of the Workplace Relations Act 1996 (Cth):
(a)section 182(3) by failing to pay its employees at a rate at least equal to the federal minimum wage for each hour worked; and
(b)section 185(2) by failing to pay its employees a guaranteed casual loading of 20 per cent for each hour worked.
leading to an underpayment of $38,895.13.
The respondent, by reason of the operation of s.728(1) of the Workplace Relations Act, was involved in the contraventions of the Workplace Relations Act as set out above.
The Court orders that:
The respondent pay a penalty of $5,940 for his involvement in the contraventions.
The penalty be paid within 28 days.
The penalty payable under order (1) be paid to the Consolidated Revenue of the Commonwealth, pursuant to s.841(a) of the Workplace Relations Act 1996 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT SYDNEY |
SYG 956 of 2010
| FAIR WORK OMBUDSMAN |
Applicant
And
| ANDRE PRAGLOWSKI |
Respondent
REASONS…
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- AGLC
- Fair Work Ombudsman v Praglowski [2010] FMCA 621
- Case
- [2010] FMCA 621
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address included the quantum of the penalty for the respondent's involvement in the contraventions, and whether Country Hospitality Pty Ltd (in liquidation) should remain as a party in the proceedings. The court had to balance the need for accountability with the practicalities of enforcing penalties against a company in liquidation.
The court found that the respondent was involved in the contraventions as per the operation of section 728(1) of the Workplace Relations Act. It noted the admissions made regarding the underpayment of employees. The court emphasised the importance of holding individuals accountable for breaches of workplace laws, even when the company is in liquidation. It removed Country Hospitality Pty Ltd (in liquidation) as a respondent, deeming it unnecessary and inappropriate. The court ordered the respondent to pay a penalty of $5,940 within 28 days to the Consolidated Revenue of the Commonwealth.
The court's decision was aimed at ensuring that the respondent, who was involved in the contraventions, faced appropriate consequences for their actions. It underscored the necessity of enforcing workplace laws to protect employees' rights and ensure fair pay. The removal of the company in liquidation as a respondent highlighted the court's focus on holding the right parties accountable.
Orders
Orders of the court
The Court notes the following admissions:
1.
Country Hospitality Pty Ltd (in liquidation) contravened the following provisions of the Workplace Relations Act 1996 (Cth):
(a) section 182(3) by failing to pay its employees at a rate at least equal to the federal minimum wage for each hour worked; and
(b) section 185(2) by failing to pay its employees a guaranteed casual loading of 20 per cent for each hour worked.
leading to an underpayment of $38,895.13.
2.
The respondent, by reason of the operation of s.728(1) of the Workplace Relations Act, was involved in the contraventions of the Workplace Relations Act as set out above.
The Court orders that:
1.
The respondent pay a penalty of $5,940 for his involvement in the contraventions.
2.
The penalty be paid within 28 days.
3.
The penalty payable under order (1) be paid to the Consolidated Revenue of the Commonwealth, pursuant to s.841(a) of the Workplace Relations Act 1996 (Cth).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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