Fair Work Ombudsman v Contracting Solutions Australia Pty Ltd [2013] FCA 7

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Contracting Solutions Australia Pty Ltd [2013] FCA 7 Citation: Fair Work Ombudsman v Contracting Solutions Australia Pty Ltd [2013] FCA 7

Parties: FAIR WORK OMBUDSMAN v CONTRACTING SOLUTIONS AUSTRALIA PTY LTD (ACN 099 340 566), LABOUR CONTRACT SOLUTIONS PTY LTD (ACN 123 533 111), BLUE STEEL CORPORATION PTY LTD (ACN 099 725 372), MICHAEL WRIGHT and DARYL LENKIC

File number: SAD 154 of 2010

Judge: LANDER J

Date of judgment: 15 January 2013

Catchwords: INDUSTRIAL LAW – admitted contraventions of s 900 of Workplace Relations Act 1996 (Cth) – representations made that contracts, which were employing school aged children in a food retail outlet, were contracts of services under which work was to be performed as independent contractor, in circumstances where contracts were contracts of employment – admitted accessorial liability pursuant to s 728 of Workplace Relations Act 1996 (Cth) of involvement in primary contraventions – discussion of circumstances in which respondents admit involvement in contravention of first respondent, when first respondent in liquidation and proceeding had not proceeded against first respondent – agreement that pecuniary penalties should be ordered – penalties and penalty ranges proposed – discussion of relevant factors to be considered when determining, and determination of, appropriate pecuniary penalty

Legislation: Corporations Act 2001 (Cth), s 471B Crimes Act 1914 (Cth), s 4AA Fair Work Act 2009 (Cth), ss 696, 701 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), Schedule 2 part 3 s 11(1), Schedule 18 part 3 s 13(1) Federal Court of Australia Act 1976 (Cth), s 23 Workplace Relations Act 1996 (Cth), ss 4, 719, 727, 728, 826, 841, 900, 904 Workplace Relations Legislation Amendment (Independent Contractors) Act 2006 (Cth), Schedule 1