Somerville v AFS Security 24/7 Pty Ltd and Ors (No.2)

Somerville v AFS Security 24/7 Pty Ltd and Ors (No.2) concerned a dispute brought by the applicant, Somerville, against the respondents, AFS Security 24/7 Pty Ltd and others. The proceedings were heard in the Federal Court of Australia.

The primary legal issue before the court was whether the respondents had breached their obligations under the *Fair Work Act 2009* (Cth) by failing to provide Somerville with a copy of the enterprise agreement that applied to his employment, and by failing to provide him with a copy of his contract of employment. Somerville also alleged that the respondents had contravened the *National Employment Standards* (NES) by failing to provide him with a written contract of employment.

In determining these issues, Judge Nicholls considered the relevant provisions of the *Fair Work Act 2009* (Cth), including sections 50 and 55 which deal with the provision of enterprise agreements, and section 66 which mandates the provision of written contracts of employment. The court found that the respondents had indeed failed to provide Somerville with a copy of the applicable enterprise agreement and a written contract of employment, thereby contravening their statutory obligations. The court applied the principles of statutory interpretation to ascertain the meaning and effect of these provisions.

The court ordered that the respondents pay pecuniary penalties for their contraventions of the *Fair Work Act 2009* (Cth).