Harper v Tingmak Pty Ltd

In *Harper v Tingmak Pty Ltd*, the applicant, Ms. Harper, alleged that the respondents contravened section 340 of the *Fair Work Act 2009* (Cth) by taking adverse action against her. Ms. Harper had exercised a workplace right under section 341 of the Act, specifically by seeking payment of wages and superannuation entitlements that she claimed were owed to her. The dispute before the Federal Circuit and Family Court of Australia concerned whether the respondents had breached relevant legislation and awards regarding these underpayments and whether penalties should be imposed.

The court was required to determine two primary legal issues: first, whether the respondents had contravened the *Fair Work Act 2009* (Cth) and applicable awards by failing to pay Ms. Harper her wages and superannuation entitlements; and second, whether penalties should be imposed on the respondents for these alleged contraventions, with any penalty payable to Ms. Harper.

Judge Humphreys granted the applicant's application for summary judgment. The court found that the respondents had failed to pay the wages and superannuation entitlements as required by law and the relevant awards. In reaching this decision, the court applied the principles of statutory interpretation to the *Fair Work Act 2009* (Cth) and relevant industrial instruments, concluding that the respondents' conduct constituted a contravention. The court also determined that the circumstances warranted the imposition of penalties for these contraventions.