Fair Work Ombudsman v Saveway Store Pty Ltd

The Fair Work Ombudsman commenced proceedings in the Federal Circuit Court of Australia against Saveway Store Pty Ltd and Mr. Kosta Kourounis, alleging contraventions of the *Fair Work Act 2009* (Cth) by failing to comply with a notice issued under section 587 of the Act. The dispute concerned Saveway Store Pty Ltd's failure to provide records and information as required by the compliance notice, and Mr. Kourounis's alleged involvement in these contraventions.

The court was required to determine whether Saveway Store Pty Ltd had contravened the notice and, if so, to assess the appropriate penalty for this contravention. Additionally, the court needed to determine whether Mr. Kourounis was involved in the contraventions by Saveway Store Pty Ltd and, if so, to assess the appropriate penalty for his involvement.

Judge O'Sullivan found that Saveway Store Pty Ltd had contravened the compliance notice by failing to provide the requested records and information. The court determined that Mr. Kourounis was involved in these contraventions, acting as a director and manager of the company. In assessing penalties, the court considered the objective seriousness of the contraventions, the need for deterrence, and the fact that the company had not previously been penalised under the Act. The court also took into account the limited financial capacity of the company and Mr. Kourounis.

Consequently, Saveway Store Pty Ltd was ordered to pay a penalty of $1,500, and Mr. Kosta Kourounis was ordered to pay a penalty of $300.