Fair Work Ombudsman v Sails Waterfront Bar & Grill Pty Ltd (No 2)

This matter concerned proceedings brought by the Fair Work Ombudsman against Sails Waterfront Bar & Grill Pty Ltd. The dispute arose from allegations that the company had contravened the *Fair Work Act 2009* (Cth) by failing to pay certain employees their minimum lawful entitlements. The proceedings were heard in the Federal Court of Australia.

The primary legal issue before the Court was whether Sails Waterfront Bar & Grill Pty Ltd had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to pay employees their minimum lawful entitlements, and if so, what penalty should be imposed. The Court was also required to consider whether the contraventions were serious, and whether the employer had acted knowingly or recklessly.

Manousaridis J found that Sails Waterfront Bar & Grill Pty Ltd had contravened section 50 of the *Fair Work Act 2009* (Cth) by failing to pay minimum lawful entitlements to a number of employees. The Court determined that the contraventions were serious, noting that the employer had acted knowingly and recklessly in failing to pay the correct entitlements. The Court ordered Sails Waterfront Bar & Grill Pty Ltd to pay a penalty of $10,000 and to rectify the underpayments to the affected employees.