FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Fair Work Ombudsman v SAI Enterprises Pty Ltd [2025] FedCFamC2G 1372
ORDERS
ADG 391 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: FAIR WORK OMBUDSMAN
Applicant
AND: SAI ENTERPRISES PTY LTD (ACN 635 029 088)
First Respondent
RAMAN MONGA
Second Respondent
ORDER MADE BY:
JUDGE BROWN
DATE OF ORDER:
29 AUGUST 2025
THE COURT DECLARES THAT:
A.During the period of 29 June 2020 to 6 June 2021, the First Respondent contravened:
i.Section 45…
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- Case
- [2025] FedCFamC2G 1372
- Decision Date
CaseChat Overview and Summary
The court deliberated on the appropriate penalties, balancing the need for deterrence with the financial circumstances and contrition shown by the respondents. It noted the submissions from both the Fair Work Ombudsman and the respondents regarding the calculation of penalties. The court acknowledged the importance of considering the totality of the penalties imposed on each respondent and the need for an outcome that reflects both general deterrence and the specific circumstances of the case. The court also took into account the cooperation and corrective actions taken by the respondents, as well as their financial situation.
In its judgment, the court determined that the penalties proposed by the Fair Work Ombudsman were excessive and did not appropriately balance the need for deterrence with the circumstances of the respondents. Instead, the court opted for a more balanced approach, reducing the penalties to reflect the totality principle and the specific circumstances of the respondents. The court imposed a penalty of $62,000.00 on Sai Enterprises and $5,700.00 on Mr Monga, reflecting a discount for admissions and taking into account the totality of the penalties.
The final orders of the court reflect the penalties imposed on the respondents, taking into account the specific circumstances and the need for an outcome that is both fair and effective in terms of deterrence. The court's decision underscores the importance of a balanced approach in penalty calculations, considering both the need for deterrence and the specific circumstances of the respondents.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
I also accept that Mr Monga is looking to other avenues to earn an income. I acknowledge that he has become a director of another company. However, this enterprise is directed towards another area of endeavour distinct from the retailing of fuel. In my view, the fact that Mr Monga is contemplating becoming a mortgage broker does not of itself call for some added level of personal deterrence. Given these factors, I accept that the probability of him re-offending in future must be regarded as very low.Contrition, cooperation and corrective action For obvious reasons, it is easy for an offender to be sorry if apprehended after the commission of an offence. However, as Bromwich J observed in 85 Degrees contrition and cooperation are deserving of recognition in the calculation of penalty because of their utilitarian value. In the current matter, through the adoption of a statement of agreed facts and the indication of an acceptance of liability, the need for a full hearing of the facts of the case was avoided. Thus, the FWO has been able to preserve some of its resources to investigate and prosecute other matters. In Mornington Inn v Jordan,[51] the majority of the Full Court (Stone and Buchanan JJ) pointed out that: It is important to note that it is not a sufficient basis for a discount that the plea has saved the cost of a contested hearing – that would discriminate against a person who exercised a right to contest the allegations. A discount may be justified, however, if the plea is properly to be seen as willingness to facilitate the course of justice. Remorse and an acceptance of responsibility also merit consideration where they are shown.[52][51] Mornington Inn v Jordan [2008] FCAFC 70.[52] Ibid at [74] (Stone and Buchanan JJ). I accept that Mr Monga has exhibited a willingness to facilitate the course of justice. He cooperated with the supply of records to the FWO and made appropriate admissions. He has paid the employees what is due to them and apologised to two of them and attempted to do so the third. He has undertaken a course in industrial compliance and suffered public opprobrium from being named in the FWO’s press release about his business. Necessarily only human beings can express contrition. In ACE Insurance Limited v Trifunovski (No.2)[53] Perram J said as follows:It is not clear to me how an artificial construct such as a corporation can experience the complex human emotion of contrition made up, as it is, of an amalgam of distinctly human emotions such as regret, shame and sympathy. I do not doubt that a corporation may exhibit signs of regret but it is too much to expect that such an artificial construct can be meaningfully contrite.For civil penalty cases involving corporations it would be more coherent to ask only whether the corporation has changed its behaviour. Nothing more can be expected; a person who does not literally or physically exist may not wear sackcloth.[53] ACE Insurance Limited v Trifunovski (No 2) [2012] FCA 793 at [113] – [114] approved by Mansfield J in Lifestyle SA (supra) at [136].