FEDERAL CIRCUIT COURT OF AUSTRALIA
| FAIR WORK OMBUDSMAN v SONISOLAR PTY LTD & ANOR | [2016] FCCA 2027 |
| Catchwords: INDUSTRIAL LAW – Breach of terms of modern award and national employment standard – breach of notice requiring production of wage and employment records – failure to provide appropriate wage slips and pay wages either weekly or fortnightly – late acceptance of liability – penalty to be imposed. |
| Legislation: Fair Work Act 2009, ss. 3; 3(b); 3 (c), 44(1), 45, 90(1); 90(2), 116, 118, 134; 134(1) (da), 535(1); 535(2), 536(1), 539(2), 546(2), 550, 557; 557(1); 557(2), 570; 570(2), 701, 712(3), 719(2), 721(1) Crimes Act 1914 (Cth), s. 4AA |
| Applicant: | FAIR WORK OMBUDSMAN |
| First Respondent: | SONISOLAR PTY LTD (152 686 792) |
| Second Respondent: | WEI WANG |
| File Number: | ADG 133 of 2015 |
| Judgment of: | Judge Brown |
| Hearing date: | 11 July 2016 |
| Date of Last Submission: | 11 July 2016 |
| Delivered at: | Adelaide |
| Delivered on: | 29 August 2016 |
REPRESENTATION
| Counsel for the Applicant: | Mr Prain |
| Solicitors for the Applicant: | Fair Work Ombudsman |
| Counsel for the First Respondent: | Ms Barnes |
| Solicitors for the First Respondent: | Winters Solicitors |
| Counsel for the Second Respondent: | Ms Barnes |
| Solicitors for the Second Respondent: | Winters Solicitors |
ORDERS
Upon noting that each respondent makes admissions in respect of the matters contained in the Statement of Agreed Facts filed on 2 May 2016 (SOAF) and as subsequently amended, the Court declares that the First Respondent contravened the following provision of the
Keep reading for free
Create a free CaseChat account to read Fair Work Ombudsman v Sonisolar Pty Ltd & Anor and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] FCCA 2027
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether Sonisolar Pty Ltd had indeed failed to pay the minimum entitlements as alleged, and consequently, whether Mr. Li was knowingly concerned in these contraventions. The Court was required to assess the evidence presented regarding the employment arrangements, the hours worked, and the payments made to the employees, and to determine if these payments met the minimum standards prescribed by the applicable modern award and the National Employment Standards.
In reaching its decision, the Court considered the evidence of the employees and the documentary evidence relating to their employment and remuneration. Judge Brown found that Sonisolar Pty Ltd had contravened the *Fair Work Act 2009* (Cth) by failing to pay the minimum hourly rates, overtime, and annual leave entitlements to the two employees. The Court also found that Mr. Li was knowingly concerned in these contraventions, having been involved in the decision-making processes that led to the underpayment of wages. The Court applied the principles of statutory interpretation to the relevant provisions of the Act and the applicable modern award, focusing on the employer's obligation to provide at least the minimum entitlements.
The Court ordered Sonisolar Pty Ltd to pay a penalty for its contraventions and ordered Mr. Li to pay a penalty for his involvement. Furthermore, the Court ordered Sonisolar Pty Ltd to rectify the underpayments to the employees, including the payment of outstanding annual leave entitlements.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.