Fair Work Ombudsman v Raying Holding Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Raying Holding Pty Ltd in the Federal Court of Australia, alleging breaches of civil remedy provisions of the *Fair Work Act 2009* (Cth). The FWO sought declarations that Raying Holding Pty Ltd had contravened specific provisions of the Act.

The primary legal issue before the Court was whether to grant a default judgment against Raying Holding Pty Ltd for its failure to file a response or a notice of address for service within the prescribed timeframes. This failure meant the Court was asked to make declarations of breach based on the FWO's application and supporting material, without the respondent having formally contested the allegations.

Cameron J considered the FWO's application for default judgment in circumstances where the respondent had not participated in the proceedings. The Court applied the principles governing default judgments, which require the applicant to demonstrate a prima facie case for the relief sought. In this instance, the Court was satisfied that the FWO had established a sufficient case to warrant the declarations of breach sought, given the respondent's non-engagement with the proceedings.

The Court made declarations that Raying Holding Pty Ltd had breached the relevant civil remedy provisions of the *Fair Work Act 2009* as alleged by the Fair Work Ombudsman.