Fair Work Ombudsman v Tsurc Pty Ltd and Anor (No.2)

In the Federal Court of Australia, the Fair Work Ombudsman brought proceedings against Tsurc Pty Ltd and Mr. David Tsurc, alleging contraventions of the *Fair Work Act 2009* (Cth) concerning the underpayment of an employee. The dispute centred on whether the respondents had failed to pay the employee their minimum entitlements, including base pay, overtime, and leave entitlements, over a period of approximately two years.

The primary legal issue before the Court was to determine whether Tsurc Pty Ltd, as the employer, had contravened the *Fair Work Act 2009* by failing to pay the employee the minimum wages and entitlements as prescribed by the relevant award and the National Employment Standards. A secondary issue concerned the personal liability of Mr. David Tsurc, the director of the company, for the alleged contraventions, specifically whether he was knowingly concerned in or party to the company's contraventions.

Judge Nicholls found that Tsurc Pty Ltd had contravened the *Fair Work Act 2009* by failing to pay the employee minimum wages and entitlements. The Court determined that Mr. Tsurc was personally liable for these contraventions, having been knowingly concerned in and party to the company's failure to meet its obligations. The Court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009*, including those relating to minimum entitlements and accessory liability.

The Court ordered Tsurc Pty Ltd to pay pecuniary penalties for the contraventions and to rectify the underpayments to the employee. Mr. David Tsurc was also ordered to pay pecuniary penalties for his personal liability.