FWO v Oz Staff Career Services Pty Ltd and Ors (No.2)

In the Federal Circuit and Family Court of Australia, Judge Burchardt considered a dispute brought by the Fair Work Ombudsman (FWO) against Oz Staff Career Services Pty Ltd and two individual respondents. The FWO alleged contraventions of the *Fair Work Act 2009* (Cth) by the respondents, specifically concerning alleged underpayments of employees and the provision of false or misleading information.

The central legal issues before the court were whether the respondents had contravened provisions of the *Fair Work Act* relating to minimum wages and record-keeping obligations, and whether the provision of certain documents constituted contraventions of the prohibition against false or misleading representations. The court was required to determine the nature and extent of any underpayments and the culpability of each respondent.

Judge Burchardt found that Oz Staff Career Services Pty Ltd, along with the individual respondents, had contravened the *Fair Work Act*. The court determined that employees had been underpaid in contravention of the applicable modern award and that the respondents had failed to keep accurate and complete employee records. Furthermore, the court found that the respondents had provided false or misleading information to employees regarding their entitlements, thereby contravening specific provisions of the Act. The court's reasoning focused on the objective evidence presented, including employment records, pay slips, and witness testimony, to establish the contraventions.