Sponza v Coal Face Resources Pty Ltd

In *Sponza v Coal Face Resources Pty Ltd*, heard in the Federal Circuit Court of Australia, the applicant, Samantha Sponza, sought declarations and orders against the first respondent, Coal Face Resources Pty Ltd, and the second respondent, Jason Moultrie. The dispute concerned alleged breaches of an employment contract and contraventions of the *Fair Work Act 2009* (Cth), including failure to pay wages and superannuation, and adverse action taken against the applicant. The respondents failed to participate in the proceedings, leading to default judgment.

The court was required to determine whether the first respondent had breached the applicant's contract of employment by failing to pay wages and superannuation for specified periods. Additionally, the court had to consider whether the first respondent contravened sections 323(1), 44 (including sections 99 and 90(2)), and 340(1) of the *Fair Work Act 2009* (Cth). The court also needed to ascertain if the second respondent was involved in these contraventions for the purposes of section 550(1) of the Act.

The court found that the first respondent had breached the employment contract by failing to pay wages and superannuation for multiple periods between June and October 2014. It further declared that the first respondent contravened sections 323(1), 44, and 340(1) of the *Fair Work Act 2009* (Cth) by failing to pay wages, base rate of pay for ordinary hours, and accrued annual leave, and by taking adverse action against the applicant for exercising a workplace right. The court also declared that the second respondent was involved in these contraventions.

Consequently, the court ordered the first respondent to pay the applicant $28,269.22 for unpaid wages and $9,778.17 for unpaid superannuation. The first and second respondents were ordered jointly and severally to pay $28,269.22 for unpaid wages and $7,662.68 for untaken annual leave. Pecuniary penalties were imposed on the first respondent totalling $68,000 and on the second respondent totalling $13,500, with specific directions for payment to the Commonwealth and the applicant respectively.