Fair Work Ombudsman v Sheth

The Fair Work Ombudsman (FWO) brought proceedings against Mr. Sheth concerning alleged breaches of the *Clerks – Private Sector Award 2010* and contraventions of the *Fair Work Act 2009* (Cth). The dispute centred on Mr. Sheth's failure to pay his employee, Ms. Singh, the correct minimum wages and entitlements, including overtime and leave. Mr. Sheth admitted to the contraventions. The matter was heard in the Federal Circuit and Family Court of Australia by Judge Vasta.

The primary legal issue before the court was to determine an appropriate pecuniary penalty for Mr. Sheth's admitted breaches of the award and the Act. This involved considering the nature and seriousness of the contraventions, the impact on the employee, and the need for deterrence.

Judge Vasta found that Mr. Sheth had contravened the *Clerks – Private Sector Award 2010* and sections 45 and 50 of the *Fair Work Act 2009* (Cth) by failing to pay Ms. Singh her minimum entitlements. In determining the penalty, the court considered the admissions made by Mr. Sheth, the period over which the contraventions occurred, and the total amount of underpayment. The court applied the principles of penalty assessment under the *Fair Work Act 2009* (Cth), which aim to punish contraventions, deter future misconduct, and promote compliance with workplace laws.

The court ordered Mr. Sheth to pay a pecuniary penalty of $2,000 to the Commonwealth.