Le v Ital One Holdings Pty Ltd

The proceedings involved allegations of underpayment of wages and breaches of the *Restaurant Industry Award 2010* brought by five separate claimants against Ital One Holdings Pty Ltd. These five small claims proceedings were consolidated and transferred to the Fair Work Division of the Supreme Court of South Australia. The central question before the Court was whether the Fair Work Ombudsman could be joined as a party to these consolidated proceedings.

The primary legal issue before the Court was the extent of the Fair Work Ombudsman's statutory powers and obligations, specifically concerning its ability to be joined as a party to proceedings where it had not initiated the action or sought to enforce a penalty. The Court had to consider the relevant provisions of the *Fair Work Act 2009* (Cth) to determine if the Ombudsman's role extended to participating in private litigation between employees and employers in this manner.

O'Sullivan J reasoned that the *Fair Work Act 2009* (Cth) outlines specific circumstances under which the Fair Work Ombudsman may commence or be involved in proceedings, primarily for the enforcement of the Act and Awards. His Honour concluded that the Act did not grant the Ombudsman a general power to be joined as a party to private claims for recovery of wages, particularly when the Ombudsman had not itself initiated the proceedings or sought to enforce penalties. The Court found that the Ombudsman's statutory mandate did not extend to becoming a party to such private disputes, and therefore, the application to join the Ombudsman was dismissed.