Fair Work Ombudsman v Rubee Enterprises Pty Ltd

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.