Fair Work Ombudsman v Sushi Bay Act Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Sushi Bay Act Pty Ltd (Sushi Bay) in the Federal Circuit and Family Court of Australia. The dispute concerned admitted contraventions of the *Fair Work Act 2009* (Cth) by Sushi Bay, specifically relating to underpayments of employees, incorrect classification of employees, and failures to keep and retain proper employment records.

The court was required to determine the appropriate penalty to be imposed on Sushi Bay for these contraventions. This involved assessing the seriousness of the breaches, the extent of the underpayments, and the company's conduct in relation to its record-keeping obligations.

Judge Obradovic found that Sushi Bay had contravened the Act by underpaying employees and failing to maintain accurate records, which facilitated the underpayments. The court applied the principles of penalty assessment under the *Fair Work Act*, considering factors such as the objective seriousness of the contraventions, the need for deterrence, and the employer's culpability. The court noted that the contraventions were not isolated incidents and that the record-keeping failures were significant.

Consequently, Sushi Bay was ordered to pay a penalty of $10,800.