Fair Work Ombudsman v Skyter Trade Pty Ltd

The Fair Work Ombudsman brought proceedings against Skyter Trade Pty Ltd in the Federal Circuit and Family Court of Australia concerning alleged contraventions of the *Fair Work Act 2009* (Cth). The dispute centred on the company's failure to comply with its obligations under the Act, leading to the Ombudsman seeking pecuniary penalty orders against Skyter Trade Pty Ltd.

The primary legal issue before the Court was the assessment of an appropriate pecuniary penalty for the contraventions. This involved considering the principles of deterrence, both specific and general, and ensuring that the penalty imposed was proportionate to the seriousness of the conduct and the overall circumstances of the case. The Court was required to determine the quantum of the penalty by reference to the totality of the contravening conduct.

In assessing the penalty, Judge Jarrett applied established principles for determining pecuniary penalties under the *Fair Work Act*. The Court considered the nature and extent of the contraventions, the impact on employees, and the need to deter future non-compliance by the employer and others in the industry. The assessment took into account the totality of the offending conduct, ensuring that the penalty reflected the cumulative effect of the breaches and was proportionate to the objective seriousness of the offending conduct. The Court ultimately made orders for the payment of a pecuniary penalty by Skyter Trade Pty Ltd.