Hana Express Group Pty Ltd v Fair Work Ombudsman

Hana Express Group Pty Ltd sought judicial review of a Compliance Notice issued by the Fair Work Ombudsman. The dispute concerned whether the Notice accurately identified breaches of the Road Transport and Distribution Award 2010 by Hana Express, specifically in relation to the non-payment of delayed meal break penalties.

The primary legal issue before the Federal Circuit and Family Court of Australia was whether Hana Express had contravened the Road Transport and Distribution Award 2010 by failing to pay delayed meal break penalties. This required the Court to consider the interpretation and application of the Award provisions concerning meal breaks and associated penalty payments.

Judge Driver found that while the Award permitted employees to take meal breaks, it did not mandate or encourage them. Consequently, the failure to pay penalties for delayed meal breaks did not constitute a breach of the Award. The Court therefore confirmed the Compliance Notice, finding that the identified breaches were not made out.