Fair Work Ombudsman v Priority Matters Pty Ltd (No 4); Fair Work Ombudsman v Superlattice Solar Pty Ltd (No 4); Fair Work Ombudsman v Geneasys Pty Ltd (in Liq) (No 4); Fair Work Ombudsman v Silverbrook (No 4)

The Federal Court of Australia considered appeals brought by the Fair Work Ombudsman against Priority Matters Pty Ltd, Superlattice Solar Pty Ltd, Geneasys Pty Ltd (in Liq), and Silverbrook (No 4). The dispute concerned the alleged accessorial liability of individuals, Mr Silverbrook and Ms Lee, for contraventions of the *Fair Work Act 2009* (Cth) by the corporate employers, which involved the non-payment of wages and entitlements.

The primary legal issue before the court was whether Mr Silverbrook and Ms Lee were knowingly concerned in, or party to, the contraventions by the corporate employers. This required the court to determine the extent of their involvement and knowledge in the circumstances leading to the non-payment of employee entitlements.

The court reasoned that the admissions made by the parties, including the fact that Mr Silverbrook and Ms Lee had personally expended their own funds to ensure employee entitlements were paid for as long as possible, demonstrated their direct and indirect involvement in the contraventions. The court found that their active participation in attempting to continue payments, while knowing employees were not being paid, meant they were equally involved in the non-payments. The court distinguished this from a focus on the reasonableness of their beliefs about future payments, instead emphasising their actual implication and involvement in the corporate contraventions, and the practical connection between their conduct and the non-payments.

The court concluded that Mr Silverbrook and Ms Lee were indeed knowingly concerned in the contraventions by the corporate employers. The matter was remitted for further hearing on the issue of their personal liability.