Fair Work Ombudsman v Raying Holding Pty Ltd and Anor (No.2)

In *Fair Work Ombudsman v Raying Holding Pty Ltd and Anor (No.2)*, Judge Cameron of the Federal Circuit and Family Court of Australia considered a dispute concerning alleged contraventions of the *Fair Work Act 2009* (Cth) by Raying Holding Pty Ltd and Mr. Jian Li. The Fair Work Ombudsman (FWO) brought the proceedings against the respondents.

The central legal issues before the Court were whether Raying Holding Pty Ltd had contravened specific provisions of the *Fair Work Act 2009* (Cth) by failing to pay employees their minimum entitlements, and whether Mr. Jian Li was knowingly concerned in, or party to, those contraventions. The Court was required to determine the extent of the respondents' liability and the appropriate penalties for any proven contraventions.

Judge Cameron found that Raying Holding Pty Ltd had contravened the *Fair Work Act 2009* (Cth) by failing to pay employees minimum wages and entitlements, including annual leave and personal/carer's leave. The Court also found that Mr. Jian Li was knowingly concerned in, or party to, these contraventions, applying the principles of accessory liability under section 550 of the Act. The Court considered the objective seriousness of the contraventions, the duration of the non-compliance, and the need for deterrence in determining the penalties.

The Court ordered Raying Holding Pty Ltd to pay pecuniary penalties totalling $102,600 and Mr. Jian Li to pay pecuniary penalties totalling $20,400. Both respondents were also ordered to remedy the underpayments to the affected employees.