Fair Work Ombudsman v Singh

The Fair Work Ombudsman (FWO) brought proceedings against Mr. Gurpreet Singh, alleging contraventions of the *Fair Work Act 2009* (Cth) (the Act) concerning the underpayment of an employee. The dispute centred on whether Mr. Singh, as a director of a company, was personally liable for the company's failure to pay an employee their minimum entitlements. The matter was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was whether Mr. Singh had taken all reasonable steps to prevent the company from contravening the Act, as required by section 550 of the Act. This section imposes personal liability on individuals who are involved in a contravention by a corporate employer. The Court was required to assess the extent of Mr. Singh's knowledge, involvement, and actions in relation to the company's payroll and employment practices.

Judge Smith found that Mr. Singh, despite being a director, had not taken all reasonable steps to prevent the contravention. The Court noted that Mr. Singh had access to information regarding the company's financial position and employee entitlements but failed to ensure compliance. His reliance on others without adequate oversight or verification was insufficient to discharge his responsibilities under the Act. The Court applied the principles of corporate responsibility and the statutory obligations imposed on directors to ensure compliance with workplace laws. The Court ordered Mr. Singh to pay pecuniary penalties for his involvement in the contraventions.