FEDERAL CIRCUIT COURT OF AUSTRALIA
| FAIR WORK OMBUDSMAN v SOLEIMANI & ANOR | [2014] FCCA 2380 |
| Catchwords: INDUSTRIAL LAW – Penalty hearing for contraventions of Fair Work Act 2009 – admitted liability for contraventions – agreed penalty range – applicable test for penalty. |
| Legislation: Fair Work Act 2009, ss.45, 546(3), 546(1), 535(1), 44(1), 90(11), 90(2), 536(1), 536(2), 712, 539(2), 12 Crimes Act 1914, s.4AA(1) |
| Applicant: | FAIR WORK OMBUDSMAN |
| First Respondent: | FARDIN SOLEIMANI |
| Second Respondent: | BEVERLY JANET SOLEIMANI |
| File Number: | MLG 947 of 2013 |
| Judgment of: | Judge Jones |
| Hearing date: | 4 August 2014 |
| Date of Last Submission: | 4 August 2014 |
| Delivered at: | Melbourne |
| Delivered on: |
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- Case
- [2014] FCCA 2380
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether Mr. Soleimani and Soleimani Pty Ltd had contravened specific provisions of the Act relating to minimum wages, annual leave, personal/carer's leave, and redundancy pay. Furthermore, the court had to consider whether Mr. Soleimani was personally liable for the alleged contraventions of the company, pursuant to section 550 of the Act, which deals with accessory liability. The FWO also sought declarations and pecuniary penalties for the alleged breaches.
In reaching its decision, the court applied the principles of statutory interpretation to the relevant sections of the Act. It considered the evidence presented by the FWO regarding the employment arrangements and the payment records, or lack thereof, for the employees. The court found that both Mr. Soleimani and Soleimani Pty Ltd had contravened the Act by failing to pay minimum entitlements and by failing to keep accurate records and issue compliant pay slips. The court also found Mr. Soleimani to be knowingly concerned in, or party to, the company's contraventions, thus establishing his personal liability under section 550 of the Act.
The court ordered Soleimani Pty Ltd to pay the outstanding underpayments to the affected employees and imposed pecuniary penalties on both the company and Mr. Soleimani for the contraventions.
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Background
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Evidence
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Ratio Decidendi
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