Fair Work Ombudsman v Sun Sea Equity Pty Ltd

In the Federal Circuit and Family Court of Australia, Judge Jarrett considered a matter brought by the Fair Work Ombudsman against Sun Sea Equity Pty Ltd and Natasha Doumani. The dispute concerned Sun Sea Equity's failure to comply with a compliance notice issued under the *Fair Work Act 2009* (Cth), and Ms Doumani's alleged involvement in that contravention.

The court was required to determine whether Sun Sea Equity had contravened section 716(5) of the *Fair Work Act 2009* (Cth) by failing to comply with the issued compliance notice, and whether Ms Doumani was involved in that contravention within the meaning of section 550(2) of the Act. The court also had to assess and fix appropriate pecuniary penalties for these contraventions.

Judge Jarrett reasoned that the compliance notice regime under the *Fair Work Act 2009* (Cth) is designed to ensure compliance with the Act, and employers must understand the requirements imposed by such notices. While the contravening conduct was objectively serious, it was considered to be at the lower end of the scale. The court noted that the financial difficulties deposed by Ms Doumani, exacerbated by the COVID-19 pandemic, were not relevant to the assessment of penalties as the failure to comply and the issuance of the compliance notice predated the pandemic.

By consent, the court declared that Sun Sea Equity contravened section 716(5) of the Act, and that Ms Doumani was involved in that contravention. Consequently, Sun Sea Equity was ordered to pay a pecuniary penalty of $16,000 to the Commonwealth, and Ms Doumani was ordered to pay a pecuniary penalty of $3,000 to the Commonwealth.