Fair Work Ombudsman v Sails Waterfront Bar and Grill Pty Ltd

The Fair Work Ombudsman applied to the Federal Circuit and Family Court of Australia for default judgment against Sails Waterfront Bar and Grill Pty Ltd. The application was based on a statement of claim alleging contraventions of section 716(5) of the *Fair Work Act 2009* (Cth) (FW Act).

The central legal issues before the Court were whether the statement of claim, on its face, established an entitlement to declaratory relief and penalties for the alleged contraventions. Additionally, the Court was required to determine whether it possessed the power to order a person to comply with the requirements of a notice issued under section 716(2) of the FW Act.

The Court made declarations in favour of the Fair Work Ombudsman. However, it granted liberty to the parties to make further submissions regarding the Court's power, under section 545 of the FW Act, to order compliance with a notice issued under section 716(2) of the FW Act. The matter was subsequently listed for a hearing to address this specific question concerning penalty and the scope of the Court's power.