Fair Work Ombudsman v Yenida Pty Ltd

The Fair Work Ombudsman (FWO) brought proceedings against Yenida Pty Ltd (the employer) in the Federal Circuit Court of Australia. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) (the Act) by the employer, specifically in relation to the underpayment of wages to an employee. The FWO sought pecuniary penalties and orders for the recovery of the underpaid wages.

The primary legal issue before the Court was whether the employer had contravened section 45 of the Act by failing to pay an employee the minimum wage rates and entitlements prescribed by the relevant modern award, the *Fast Food, Restaurant and Catering Operations Award 2010*. This involved determining the correct classification of the employee under the award and the corresponding minimum wage and overtime entitlements.

Judge Baker found that Yenida Pty Ltd had contravened section 45 of the Act by failing to pay the employee the minimum wage and overtime entitlements as required by the *Fast Food, Restaurant and Catering Operations Award 2010*. The Court reasoned that the employee's duties and responsibilities clearly placed them within a higher classification under the award than that for which they were paid. Consequently, the employer was ordered to pay the outstanding wages and was also penalised for the contraventions.