Fair Work Ombudsman v T & Sons Pty Ltd

In the Federal Court of Australia, Justice Jarrett considered proceedings brought by the Fair Work Ombudsman against T & Sons Pty Ltd and Rosa Vo. The dispute concerned T & Sons Pty Ltd's failure to comply with a compliance notice issued under the *Fair Work Act 2009* (Cth), which required the company to pay an amount owed to an employee. Ms Vo was involved in this contravention.

The court was required to determine the appropriate pecuniary penalties to be imposed on both T & Sons Pty Ltd and Ms Vo for the contravention of section 716(5) of the *Fair Work Act 2009* (Cth). This involved assessing the seriousness of the conduct and the objectives of civil penalty provisions.

Justice Jarrett reasoned that the primary objectives of civil penalties are specific and general deterrence, requiring penalties to have a sufficient "sting or burden." The court found that T & Sons Pty Ltd, through Ms Vo, was aware of the compliance notice and the consequences of non-compliance, yet deliberately failed to engage with the Fair Work Ombudsman or comply with the notice, even after being offered a payment plan. This deliberate disregard for obligations under the Act and the authority of the regulator was compounded by the respondents' failure to engage with the court proceedings. The court concluded that a penalty was necessary to reflect the seriousness of the deliberate conduct and to deter future contraventions by the respondents and others.

Consequently, the court ordered T & Sons Pty Ltd to pay a pecuniary penalty of $22,050 to the Commonwealth, and Rosa Vo to pay a penalty of $4,410 to the Commonwealth, for their respective contraventions. These penalties were to be paid within 28 days.