Fair Work Ombudsman v Safecorp Security Group Pty Ltd and Anor (No.3)

The Federal Court of Australia, specifically Judge Manousaridis, considered a matter concerning alleged contraventions of an award and section 45 of the *Fair Work Act 2009* (Cth). The proceeding had been remitted to the Federal Court following an appeal. The Fair Work Ombudsman, as applicant, alleged that the first respondent, Safecorp Security Group Pty Ltd, contravened the terms of an applicable award. The Ombudsman also alleged that the second respondent was involved in these contraventions.

The central legal issues before the Court were whether Safecorp Security Group Pty Ltd had indeed contravened the terms of the relevant award, and consequently, whether this contravention also constituted a breach of section 45 of the *Fair Work Act 2009* (Cth). Furthermore, the Court was required to determine whether the second respondent had been involved in any such contraventions by Safecorp Security Group Pty Ltd.

In reaching its decision, the Court applied principles of statutory interpretation to the *Fair Work Act 2009* (Cth) and the relevant award. The Court considered the evidence presented to determine whether the conduct of Safecorp Security Group Pty Ltd met the criteria for contravention of the award and section 45. The Court also assessed the evidence to establish the extent of the second respondent's involvement in any proven contraventions. Following its findings on liability, the Court proceeded to assess and order pecuniary penalties against the respondents.