Fair Work Ombudsman v QHA Foods Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against QHA Foods Pty Ltd in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) (FW Act), including taking adverse action against an employee because of their national extraction, underpaying entitlements, failing to make and keep employee records, altering those records, and failing to provide payslips.

The court was required to determine whether QHA Foods Pty Ltd had contravened the FW Act in the manner alleged by the FWO. Specifically, the court had to assess the evidence presented to establish the adverse action, the underpayment of wages, and the record-keeping and payslip obligations. A key aspect of the proceedings involved determining the appropriate quantum of pecuniary penalties for any proven contraventions.

In his decision, Judge Baker found that QHA Foods Pty Ltd had contravened various provisions of the FW Act. The court determined that the employer had engaged in adverse action by dismissing an employee due to their national extraction, thereby discriminating against and injuring the employee. Furthermore, the court found that QHA Foods Pty Ltd had failed to pay the employee their full entitlements, had not made or kept proper records of the employee's employment, had altered those records, and had not provided the employee with payslips as required by the Act. The court applied the principles of statutory interpretation to the relevant sections of the FW Act and considered the FWO's submissions regarding the seriousness of the contraventions and the need for deterrence when assessing penalties.

QHA Foods Pty Ltd was ordered to pay pecuniary penalties totalling $30,000 for the contraventions. Additionally, the court made orders for QHA Foods Pty Ltd to rectify the underpayments of employee entitlements, which amounted to $10,000.