United Voice v Lloyds Services Act Pty Ltd

United Voice took proceedings against Lloyds Services Act Pty Ltd and Mr Di Dio for contraventions of the Fair Work Act 2009 (Cth). The court found that Lloyds Services Act Pty Ltd and Mr Di Dio had contravened sections 50, 345(1), and 536(2)(b) of the Fair Work Act by failing to pay employees their ordinary rate of pay, not having regard to employees' language skills, not providing off-site inductions, not paying a 17.5% loading on annual leave, knowingly making false and misleading representations about workplace rights, and not providing payslips identifying the employer and employer's ABN. The court considered that the respondents had taken steps to place their assets beyond the reach of the applicants, and had not paid the moneys found to be owed. The court found that the considerations of deterrence, both specific and general, were of particular significance in this case.

The court considered the legal issues of whether the respondents had contravened the Fair Work Act and, if so, what pecuniary penalties should be imposed. The court found that the respondents had contravened the Fair Work Act and imposed pecuniary penalties of $110,000 on Lloyds Services Act Pty Ltd and $20,000 on Mr Di Dio. The court considered that the penalties should be significant to ensure specific and general deterrence, and to reflect the seriousness of the contraventions. The court also considered that the penalties should be proportionate to the respondents' ability to pay.

The final orders of the court were that Lloyds Services Act Pty Ltd pay a pecuniary penalty of $110,000 and Mr Di Dio pay a pecuniary penalty of $20,000. The court ordered that the penalties be paid to United Voice within 28 days. The court considered that the penalties would provide specific and general deterrence, and reflect the seriousness of the contraventions. The court also considered that the penalties were proportionate to the respondents' ability to pay.