Fair Work Ombudsman v Trucking Services Pty Ltd

The Federal Circuit Court of Australia, presided over by Judge Jarrett, considered a matter brought by the Fair Work Ombudsman against Trucking Services Pty Ltd. The dispute concerned the respondent's alleged failure to comply with a compliance notice issued under the *Fair Work Act 2009* (Cth).

The central legal issue before the Court was whether default judgment should be entered against Trucking Services Pty Ltd due to its failure to comply with court rules and orders, and consequently, whether the respondent had contravened section 716(5) of the *Fair Work Act 2009* (Cth). The Court also had to determine the appropriate orders to ensure compliance with the original notice.

Judge Jarrett found that Trucking Services Pty Ltd had failed to file a notice of address for service, file a response or defence within the prescribed time, and defend the proceeding with due diligence. These failures constituted a default under the Federal Circuit Court Rules 2001 (Cth). Consequently, the Court entered default judgment for the Applicant. Based on the admissions deemed to have been made by reason of this default, the Court declared that the respondent had contravened section 716(5) of the *Fair Work Act 2009* (Cth) by failing to comply with the compliance notice.

The Court ordered that Trucking Services Pty Ltd take the steps required by the compliance notice within 28 days of the order.