Fair Work Ombudsman v Sona Peaks Pty Ltd and Anor (No.2)

In the Federal Circuit and Family Court of Australia, Judge O'Sullivan considered a dispute between the Fair Work Ombudsman and Sona Peaks Pty Ltd, along with an individual, Mr. Sona, concerning alleged contraventions of the *Fair Work Act 2009* (Cth). The proceedings sought declarations and penalties for breaches of the Act.

The court was required to determine whether Sona Peaks Pty Ltd, through the actions of Mr. Sona, had contravened specific provisions of the *Fair Work Act 2009* (Cth), including those relating to the payment of minimum wages and the provision of leave entitlements. The proceedings also involved allegations of accessory liability against Mr. Sona for the company's alleged contraventions.

Judge O'Sullivan found that Sona Peaks Pty Ltd had contravened the *Fair Work Act 2009* (Cth) by failing to pay employees their minimum lawful entitlements and by failing to provide them with their entitlements to annual leave. The court determined that Mr. Sona was knowingly concerned in, and party to, these contraventions, thereby rendering him personally liable. The court applied the principles of statutory interpretation to the relevant provisions of the Act and considered the evidence presented to establish the contraventions and accessory liability.

The court ordered Sona Peaks Pty Ltd to pay penalties totalling $10,500 and Mr. Sona to pay penalties totalling $2,100. Furthermore, Sona Peaks Pty Ltd was ordered to rectify the underpayments of wages and leave entitlements to the affected employees.