Fair Work Ombudsman v Soleimani & Anor

The Fair Work Ombudsman (FWO) brought proceedings against Mr. Soleimani and his company, Soleimani Pty Ltd, alleging breaches of the *Fair Work Act 2009* (Cth) (the Act). The dispute concerned alleged underpayments of wages and entitlements to employees of Soleimani Pty Ltd, and the alleged contravention of record-keeping and pay slip obligations under the Act. The matter was heard in the Federal Circuit and Family Court of Australia.

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.