Fair Work Ombudsman v Rocky Holdings Pty Ltd & Ors

The Federal Court of Australia, presided over by Judge Emmett, considered a dispute between the Fair Work Ombudsman and Rocky Holdings Pty Ltd, along with two other respondents. The core of the matter involved admitted contraventions of sections 340 and 557 of the *Fair Work Act 2009* (Cth).

The court was tasked with determining whether section 557 of the Act permits all alleged individual breaches of section 557(2) to be treated as a single course of conduct, or if each alleged breach of section 557(2) must be considered separately. A further issue was the appropriate civil penalty to be imposed on each of the first, second, and third respondents.

Judge Emmett reasoned that section 557(2) of the *Fair Work Act 2009* (Cth) contemplates a single contravention, not a series of contraventions, for each instance of conduct that breaches the provision. Consequently, each alleged breach of section 557(2) was to be considered individually for the purpose of determining penalties. The court then proceeded to make orders regarding the civil penalties payable by the respondents.