Fair Work Ombudsman v Raying Holding Pty Ltd and Anor (No.3)

In the Federal Circuit and Family Court of Australia, Judge Cameron considered the application by the Fair Work Ombudsman (FWO) against Raying Holding Pty Ltd and Mr. Jian Li. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) by Raying Holding Pty Ltd, with Mr. Li alleged to be knowingly concerned in these contraventions. The FWO sought declarations and penalties for these alleged breaches.

The central legal issues before the Court were whether Raying Holding Pty Ltd had contravened specific provisions of the *Fair Work Act 2009* (Cth) relating to the payment of minimum wages and entitlements to its employees, and whether Mr. Li was knowingly concerned in, or a party to, those contraventions. The Court was required to determine the extent of the employer's liability and Mr. Li's personal culpability for the alleged breaches.

Judge Cameron found that Raying Holding Pty Ltd had contravened the *Fair Work Act 2009* (Cth) by failing to pay minimum wages and other entitlements to its employees. The Court determined that Mr. Li was knowingly concerned in these contraventions, applying the principles of accessory liability under the Act. The Court considered evidence presented regarding the employment arrangements and payment practices, concluding that the employer's conduct fell short of its statutory obligations.

The Court ordered Raying Holding Pty Ltd to pay penalties totalling $10,000 and Mr. Jian Li to pay penalties totalling $2,000. Additionally, Raying Holding Pty Ltd was ordered to rectify the underpayments to the affected employees.