Fair Work Ombudsman v Windaroo Medical Surgery Pty Ltd

The Fair Work Ombudsman (the applicant) brought proceedings against Windaroo Medical Surgery Pty Ltd (the respondent) in the Federal Circuit and Family Court of Australia, alleging contraventions of the adverse action provisions of the *Fair Work Act 2009* (Cth). The applicant contended that the respondent took adverse action against an individual by ceasing to make payments owed under a contract for services. This action was allegedly in response to the individual making a complaint to the Fair Work Ombudsman regarding entitlements under that contract.

The central legal issues before the court were whether the respondent's conduct constituted adverse action within the meaning of the *Fair Work Act*, and whether the failure to make payments under the contract of services amounted to a cessation of work done with the intent to coerce the individual into not pursuing their complaint to the Fair Work Ombudsman.

Judge Jarrett found that the respondent's suspension of all payments to the individual constituted a cessation of work under the contract. The court determined that this cessation was done with the intent to coerce the individual, thereby satisfying the elements of adverse action under the Act. The reasoning focused on the direct causal link between the complaint made to the Fair Work Ombudsman and the subsequent cessation of payments by the respondent.

The court ordered that Windaroo Medical Surgery Pty Ltd contravened section 340(1) of the *Fair Work Act 2009* (Cth) and was liable to pay pecuniary penalties.