Fair Work Ombudsman v The Old Cop Shop Eatery Pty Ltd

Fair Work Ombudsman v The Old Cop Shop Eatery Pty Ltd concerned proceedings brought by the Fair Work Ombudsman against The Old Cop Shop Eatery Pty Ltd (the employer) in the Federal Circuit and Family Court of Australia. The dispute arose from the employer's failure to comply with a notice issued under section 487 of the *Fair Work Act 2009* (Cth) (the Act), which required the employer to provide documents and information relevant to an investigation into alleged contraventions of the Act.

The central legal issue before the Court was whether the employer had established a valid reason for its failure to comply with the notice. The Fair Work Ombudsman alleged that the employer had contravened section 487(1) of the Act by failing to provide the requested information and documents, and sought pecuniary penalties. The employer contended that it had a reasonable excuse for its non-compliance, arguing that the information sought was irrelevant to the investigation and that the notice was overly broad.

Judge Riley considered the employer's submissions and found that the employer had not demonstrated a reasonable excuse for its failure to comply with the notice. The Court applied the principles established in cases concerning compliance with notices issued under the Act, emphasizing that a mere assertion of irrelevance or overbreadth is insufficient to establish a reasonable excuse. The employer was required to provide evidence to substantiate its claims, which it failed to do. The Court noted that the purpose of section 487 notices is to facilitate investigations into potential contraventions of the Act, and that a broad scope of inquiry is often necessary to achieve this.

The Court ordered The Old Cop Shop Eatery Pty Ltd to pay a penalty of $1,200 for its contravention of section 487(1) of the Act.