Fair Work Ombudsman v SHMAP Group Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against SHMAP Group Pty Ltd (SHMAP) in the Federal Circuit and Family Court of Australia. The dispute concerned SHMAP's alleged contravention of the *Fair Work Act 2009* (Cth) (the Act) by failing to pay an employee, Mr. K. S. Kim, his entitlements under the National Employment Standards (NES) and a relevant modern award. Specifically, the FWO alleged that SHMAP failed to pay Mr. Kim annual leave entitlements and long service leave entitlements.

The court was required to determine whether SHMAP had contravened the NES and the relevant award by failing to pay Mr. Kim his accrued annual leave and long service leave entitlements upon the termination of his employment. The court also needed to consider whether SHMAP had contravened the Act by failing to keep accurate and complete employee records, as required by section 535 of the Act, and by failing to provide Mr. Kim with a pay slip, as required by section 536 of the Act.

Judge Burchardt found that SHMAP had contravened the NES and the relevant award by failing to pay Mr. Kim his accrued annual leave and long service leave entitlements. The court reasoned that these entitlements were accrued and payable upon termination of employment, and SHMAP's failure to do so constituted a breach of its statutory obligations. Furthermore, the court found that SHMAP had contravened sections 535 and 536 of the Act by failing to maintain adequate employment records and provide pay slips. The court applied the principles of statutory interpretation to the relevant provisions of the Act and the award, concluding that SHMAP's conduct fell short of its legal obligations.

The court ordered SHMAP to pay the outstanding entitlements to Mr. Kim and imposed penalties for the contraventions of the Act.