Fair Work Ombudsman v Xia Jing Qi Pty Ltd

The Fair Work Ombudsman brought proceedings against Xia Jing Qi Pty Ltd in the Federal Circuit and Family Court of Australia concerning alleged contraventions of the *Fair Work Act 2009* (Cth). The dispute centred on the company's failure to pay its employees minimum hourly rates, casual loadings, and penalty rates, as well as its failure to keep proper records and issue accurate pay slips. The parties presented an agreed statement of facts to the court.

The court was required to determine the appropriate pecuniary penalties to be imposed on Xia Jing Qi Pty Ltd for these contraventions. In doing so, it needed to consider the relevant matters prescribed by the *Fair Work Act 2009* (Cth) for the assessment of penalties, including the nature and extent of the contraventions, the impact on employees, and the need for deterrence.

Judge Hartnett found that Xia Jing Qi Pty Ltd had contravened the *Fair Work Act 2009* (Cth) in the manner alleged. In determining the penalty, the court had regard to the agreed statement of facts, the objective seriousness of the contraventions, the need to deter future misconduct by the employer and others, and the fact that the employer had cooperated with the investigation. The court imposed pecuniary penalties on the company.