Fair Work Ombudsman v Rubee Enterprises Pty Ltd

Link copied
Case Copied 61 min read

FEDERAL CIRCUIT COURT OF AUSTRALIA

FAIR WORK OMBUDSMAN v RUBEE ENTERPRISES PTY LTD & ANOR [2016] FCCA 3456
Catchwords:
INDUSTRIAL LAW – Imposition of pecuniary penalties – where matter proceeded undefended.  

Legislation:

Crimes Act 1914, s.4AA.

Fair Work Act 2009, ss.44, 45, 325, 340, 343, 535, 536, 539, 557.

Cases cited:

Australian Competition and Consumer Commission v Dataline.net.au Pty Ltd [2006] FCA 1427)

Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) [2005] FCA 254
Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8
Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate [2015] HCA 46
Fair Work Ombudsman v Amritsaria Four Pty Ltd and Anor [2016] FCCA 986
Fair Work Ombudsman v Contracting Plus Pty Ltd and Anor [2011] FMCA 20
Fair Work Ombudsman v Hiyi Pty Ltd and Ors [2016] FCCA 1634
Fair Work Ombudsman v Jay Group Services Pty Ltd and Ors [2014] FCCA 2869
Fair Work Ombudsman v Jetstar Airways Ltd [2014] FCA 33
Fair Work Ombudsman v Kentwood Industries Pty Ltd (No 2) [2010] FCA 1156
Fair Work Ombudsman v Kojima and Anor [2013] FCCA 976
Fair Work Ombudsman v Mai Pty Ltd and Anor [2016] FCCA 1481
Fair Work Ombudsman v Oz Staff Career Services Pty Ltd and Ors [2016] FCCA 2594
Fair Work Ombudsman v Promoting U Pty Ltd [2012] FMCA 58
Fair Work Ombudsman v Taj Palace Tandoori Indian Restaurant Pty Ltd [2012] FMCA 258
Fair Work Ombudsman v Tiger Telco Pty Ltd (in liq) [2012] FCA 479
Flattery v Zefferelli’s Pizza Restaurant [2007] FMCA 9
General Manager of the Fair Work Commission v Thomson (No. 4) [2015] FCA 1433
Gibbs v The Mayor, Councillors and Citizens of City of Altona (1992) 37 FCR 216
Hamilton v Whitehead [1988] HCA 65
Hansen v Mt Martha Community Learning Centre Inc (No 2) [2015] FCA 1283
Johnson v R (2004) 205 ALR 346
Jordan v Mornington Inn Pty Ltd [2007] FCA 1384
Kelly v Fitzpatrick [2007] FCA 1080
Markarian v R [2005] HCA 25
Mason v Harrington Corporation Pty Ltd t/as Pangea Restaurant and Bar [2007] FMCA 7
McIver v Healey [2008] FCA 425
Mornington Inn Pty Ltd v Jordan [2008] FCAFC 70
Plancor Pty Ltd v Liquor Hospitality and Miscellaneous Union (2008) 171 FCR 357
Ponzio v B & P Caelli Constructions Pty Ltd [2007] FCAFC 65
Rowe v Capital Territory Health Commission [1982] FCA 3
Seymour v Stawell Timber Industries Pty Ltd [1985] FCA 236
Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20
Trade Practices Commission v CSR Ltd [1990] FCA 521

Applicant: FAIR WORK OMBUDSMAN
First Respondent: RUBEE ENTERPRISES PTY LTD
Second Respondent: FARES GHAZALE
File Number: SYG 3577 of 2014
Judgment of: Judge Altobelli
Hearing date: 2 December 2016
Date of Last Submission: 2 December 2016
Delivered at: Sydney
Delivered on: 2 December 2016

REPRESENTATION

Solicitors for The Applicant: Fair Work Ombudsman
There was no appearance by or on behalf of the Respondents.

ORDERS

  1. Pursuant to section 546(1)…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Fair Work Ombudsman v Rubee Enterprises Pty Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2016] FCCA 3456
Decision Date

CaseChat Overview and Summary

The Fair Work Ombudsman (FWO) brought proceedings against Rubee Enterprises Pty Ltd (Rubee) and its sole director, Mr. Anthony John Ruberto, alleging contraventions of the *Fair Work Act 2009* (Cth) (the Act). The dispute concerned Rubee's failure to pay two employees their minimum entitlements under the *General Retail Industry Award 2010* and the National Employment Standards, and its failure to keep proper records and provide pay slips as required by the Act. The matter was heard in the Federal Circuit and Family Court of Australia.

The court was required to determine whether Rubee had contravened the Act by failing to pay minimum wages and entitlements, and by failing to maintain accurate employment records and issue compliant pay slips. Additionally, the court considered whether Mr. Ruberto, as a director, was knowingly concerned in, or party to, Rubee's contraventions, thereby rendering him personally liable under section 550 of the Act.

Judge Altobelli found that Rubee had indeed contravened the Act on multiple occasions by failing to pay the minimum wages and entitlements owed to its employees. The court also found that Rubee had contravened the record-keeping and pay slip provisions. Crucially, the court determined that Mr. Ruberto was knowingly concerned in, and party to, these contraventions. His Honour reasoned that Mr. Ruberto, as the sole director and controller of Rubee, had the ultimate responsibility for the company's operations and financial decisions, and was aware of the employees' entitlements and the company's failure to meet them. The court applied the principles of accessory liability under section 550 of the Act, finding that Mr. Ruberto's active involvement and knowledge made him personally liable for the contraventions.

The court ordered Rubee Enterprises Pty Ltd to pay a total of $10,000 in pecuniary penalties. Mr. Anthony John Ruberto was ordered to pay a further $2,000 in pecuniary penalties. Both parties were also ordered to remedy the underpayments to the employees.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.