Fair Work Ombudsman v Sinpek Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Sinpek Pty Ltd concerning alleged contraventions of the *Fair Work Act 2009* (Cth). A second respondent, an employee of Sinpek Pty Ltd, sought to bring a cross-claim against the FWO, alleging coordinate liability. The matter came before Judge Street in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the employee, as a second respondent, was entitled to bring a cross-claim against the FWO based on an allegation of coordinate liability. This involved determining whether any equitable principles or rights of contribution could arise under the *Fair Work Act 2009* (Cth) in favour of an employee against the FWO in such circumstances.

Judge Street determined that there was no basis in equity for the employee's cross-claim. The court found that the concept of coordinate liability, as advanced by the employee, did not give rise to an equitable right of contribution against the FWO under the *Fair Work Act 2009* (Cth). Consequently, the court concluded that the employee had no entitlement to bring the cross-claim as formulated.

The court ordered that the further amended cross-claim be struck out.