Fair Work Ombudsman v Soma Kitchen Pty Ltd & Anor

The applicant, the Fair Work Ombudsman, sought default judgment against the first respondent, Soma Kitchen Pty Ltd, and the second respondent, Giancarlo Daniele. The dispute concerned Soma Kitchen Pty Ltd's alleged failure to comply with a compliance notice issued under section 716 of the Fair Work Act 2009 (Cth), and Mr Daniele's alleged involvement in this contravention. The application was heard in the Federal Circuit Court of Australia by Judge Kendall.

The court was required to determine whether the respondents were in default of the court's rules and orders, and whether they had received adequate notice of the application for default judgment. The court also had to consider whether, in the exercise of its discretion, it should grant default judgment against the respondents. A preliminary issue also arose regarding the second respondent's legal representation of the first respondent, a corporation.

The court found that the respondents were in default pursuant to rule 13.03A(2) of the Federal Circuit Court Rules 2001 (Cth), having failed to satisfy the applicant's claim, file a defence or response, comply with court orders, or defend the proceedings with due diligence. The court was satisfied that the respondents had been put on notice of the application for default judgment and the potential consequences of non-compliance. The court also granted the second respondent leave to appear on behalf of the first respondent, noting the applicant did not oppose this and that the second respondent was a director of the company.

Default judgment was entered for the applicant against the respondents. The court declared that the first respondent contravened section 716(5) of the Fair Work Act 2009 (Cth) by failing to comply with the compliance notice, and that the second respondent was involved in this contravention. The court further ordered the first respondent to take steps to comply with the notice, including calculating and paying outstanding entitlements and superannuation contributions, and to pay interest on these amounts. A penalty hearing was scheduled for a later date.