Fair Work Ombudsman v Soma Kitchen Pty Ltd & Anor (No 2)

In *Fair Work Ombudsman v Soma Kitchen Pty Ltd & Anor (No 2)*, Judge Kendall of the Federal Court of Australia considered penalty orders against Soma Kitchen Pty Ltd (the first respondent) and an individual (the second respondent) for contraventions of the *Fair Work Act 2009* (Cth). The dispute concerned outstanding employee entitlements and the respondents' failure to comply with a notice requiring rectification.

The court was required to determine the appropriate pecuniary penalties to be imposed on the first and second respondents for their contraventions, specifically in relation to a contravention of s.716(5) of the Act. Additionally, the court had to consider the steps necessary to ensure the outstanding entitlements of Mr Girbal were calculated and paid, along with interest, and how those amounts should be distributed.

Judge Kendall imposed a penalty of $18,270 on the first respondent and $3,654 on the second respondent, noting the lack of engagement from the respondents in the proceedings. The court ordered the first respondent to calculate and pay the outstanding entitlements to the Commonwealth Consolidated Revenue Fund, along with additional superannuation contributions to Mr Girbal's nominated fund, and to pay interest on these amounts. The court also directed the applicant to distribute these funds to Mr Girbal within 180 days, with provisions for retention by the Commonwealth if Mr Girbal could not be located. The penalties were ordered to be paid to the Commonwealth of Australia.