Fair Work Ombudsman v Tsurc Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Tsurc Pty Ltd (Tsurc) in the Federal Circuit and Family Court of Australia. The dispute concerned Tsurc's alleged contravention of the *Fair Work Act 2009* (Cth) by failing to pay an employee, Ms. K. L. Davies, her minimum entitlements under the National Employment Standards (NES) and the relevant modern award. Specifically, the FWO alleged that Tsurc failed to pay Ms. Davies annual leave entitlements and leave loading.

The primary legal issue before the Court was whether Tsurc had contravened section 44 of the *Fair Work Act* by failing to provide Ms. Davies with her accrued annual leave entitlements and leave loading upon the termination of her employment. The Court was required to determine if Tsurc's actions constituted a breach of the NES, which mandates the accrual and payment of annual leave and leave loading.

Judge Nicholls found that Tsurc had indeed contravened the *Fair Work Act*. The Court reasoned that the NES provisions regarding annual leave and leave loading are mandatory and apply to all employees covered by the Act. Tsurc's failure to pay Ms. Davies these entitlements upon termination was a direct contravention of these provisions. The Court applied the principles of statutory interpretation to uphold the clear and unambiguous language of the NES, emphasizing the importance of ensuring employees receive their minimum entitlements.

Consequently, the Court ordered Tsurc to pay the outstanding amount of $1,198.00 to Ms. Davies, representing her accrued annual leave and leave loading. Tsurc was also ordered to pay the FWO's costs of the proceedings.