Fair Work Ombudsman v Xia Jing Qi Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Xia Jing Qi Pty Ltd (the company) in the Federal Circuit and Family Court of Australia, alleging contraventions of the *Fair Work Act 2009* (Cth) (the Act). The dispute concerned the company's failure to pay minimum hourly rates, casual loadings, and penalty rates to its employees, as well as its failure to make and keep accurate employee records, and the creation of false and misleading records. The parties presented an agreed statement of facts to the court.

The court was required to determine the extent of the company's contraventions of the Act and to consider the appropriate pecuniary penalties to be imposed. This involved assessing the seriousness of the breaches, the impact on the employees, and the company's conduct in relation to record-keeping obligations.

Judge Hartnett found that the company had contravened various provisions of the Act, including those relating to minimum wages, loadings, penalty rates, and record-keeping. In imposing penalties, the court had regard to the matters set out in section 546 of the Act, which include the nature of the contravention, the number of employees affected, the period over which the contraventions occurred, and the company's cooperation with the FWO. The court also considered the company's financial position and the need for deterrence.

The court ordered Xia Jing Qi Pty Ltd to pay pecuniary penalties totalling $27,000 for the contraventions.