Fair Work Ombudsman v Theravanish Investments Pty Ltd

The Fair Work Ombudsman brought proceedings against Theravanish Investments Pty Ltd in the Federal Circuit and Family Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) and related regulations, specifically relating to age discrimination and record-keeping obligations.

The court was required to determine whether Theravanish Investments Pty Ltd had contravened section 351 of the *Fair Work Act 2009* (Cth) by discriminating against an employee on the basis of age. Additionally, the court had to consider whether the company had failed to keep adequate records relating to an employee's leave entitlements and termination, in contravention of section 535 of the *Fair Work Act 2009* (Cth) and relevant regulations. The court also had to assess the appropriate penalty to be imposed for these contraventions, considering various factors.

In reaching its decision, the court considered an agreed statement of facts. It applied principles relating to the imposition of penalties, including the need for deterrence, the totality principle, and factors relevant to the quantum of the penalty. The court took into account that Theravanish Investments Pty Ltd was a closed corporation and a small business, and considered the potential impact of any penalty on its dual directors and shareholders.

The court imposed penalties on Theravanish Investments Pty Ltd for the contraventions.