Fair Work Ombudsman v Waechter and Anor

In *Fair Work Ombudsman v Waechter and Anor*, the Federal Circuit Court of Australia considered penalty proceedings arising from contraventions of the *Fair Work Act 2009* (Cth) and the *Restaurant Industry Award 2001*. The Fair Work Ombudsman brought the action against the respondents, alleging breaches of industrial instruments.

The primary legal issue before the Court was to determine the appropriate penalties to be imposed on the respondents for their contraventions. This involved assessing the seriousness of the breaches, the impact on employees, and the need for deterrence.

Judge Riethmuller applied principles of penalty determination under the *Fair Work Act*, considering factors such as the nature and extent of the contraventions, the respondents' culpability, and any history of compliance or non-compliance. The Court's reasoning focused on ensuring that penalties reflected the seriousness of the breaches and served to deter future contraventions by the respondents and others in the industry. The Court ultimately imposed penalties on the respondents.