Fair Work Ombudsman v Trek North Tours & Anor (No 2)

In *Fair Work Ombudsman v Trek North Tours & Anor (No 2)*, Judge Jarrett of the Federal Circuit and Family Court of Australia considered a dispute between the Fair Work Ombudsman and Trek North Tours Pty Ltd and Mr. David Michael Smith, concerning alleged contraventions of the *Fair Work Act 2009* (Cth). The proceedings related to alleged underpayments of wages and entitlements to employees of Trek North Tours.

The court was required to determine whether Trek North Tours and Mr. Smith had contravened specific provisions of the *Fair Work Act 2009* (Cth) by failing to pay employees their minimum lawful entitlements, including base rates of pay, overtime, and leave entitlements. The proceedings also involved allegations of accessory liability against Mr. Smith for the contraventions of the corporate employer.

Judge Jarrett found that Trek North Tours had contravened the *Fair Work Act 2009* (Cth) by failing to pay employees their minimum lawful entitlements. The court applied the principles of statutory interpretation to ascertain the employer's obligations under the relevant award and the *Fair Work Act 2009* (Cth). In relation to Mr. Smith, the court determined that he was knowingly concerned in, or party to, the contraventions by Trek North Tours, thereby establishing his accessory liability under section 550 of the *Fair Work Act 2009* (Cth). The court considered evidence regarding the level of Mr. Smith's involvement in the management and operation of the company, and his knowledge of the employees' entitlements.

The court ordered Trek North Tours to pay pecuniary penalties for its contraventions and ordered Mr. Smith to pay pecuniary penalties for his accessory liability. The court also made orders for the repayment of outstanding employee entitlements.