Fair Work Ombudsman v Quality Food World Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Quality Food World Pty Ltd (the employer) in the Federal Circuit Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) (the Act) by the employer, specifically relating to the underpayment of wages to an employee. The FWO sought pecuniary penalties and orders for the recovery of the underpaid wages.

The primary legal issue before the Court was whether the employer had contravened section 45 of the Act by failing to pay an employee the minimum wages and entitlements owed under the applicable modern award, the *Fast Food Industry Award 2010*. This involved determining the correct classification of the employee and the corresponding minimum wage rates, as well as whether other entitlements, such as penalty rates for weekend and public holiday work, had been properly paid.

Judge Riethmuller found that the employer had contravened section 45 of the Act. The Court determined that the employee had been incorrectly classified, leading to the payment of wages below the minimum rates prescribed by the *Fast Food Industry Award 2010*. The employer's failure to pay appropriate penalty rates for weekend and public holiday shifts was also established as a contravention. The Court applied the principles of statutory interpretation to ascertain the employer's obligations under the award and the Act, emphasising the importance of accurate classification and the payment of all minimum entitlements.

The Court ordered Quality Food World Pty Ltd to pay pecuniary penalties totalling $10,200 for the contraventions. Additionally, the employer was ordered to rectify the underpayments by paying the employee the sum of $10,178.70, plus superannuation.