Fair Work Ombudsman v Eastern Colour Pty Ltd (No 2) [2014) FCA 55

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Eastern Colour Pty Ltd (No 2) [2014] FCA 55 Citation: Fair Work Ombudsman v Eastern Colour Pty Ltd (No 2) [2014] FCA 55

Parties: FAIR WORK OMBUDSMAN v EASTERN COLOUR PTY LTD (ACN 001 852 071), SB EMPLOYMENTS PTY LTD (ACN 117 006 596), NB EMPLOYMENTS PTY LTD (ACN 117 059 319) and LOUISA BARONIO

File number: QUD 376 of 2010

Judge: COLLIER J

Date of judgment: 11 February 2014

Corrigendum: 18 February 2014

Catchwords: INDUSTRIAL LAW – first respondent operated fruit picking and packing business at farm – fourth respondent director of first respondent and manager of farm – second and third respondents purported to employ fruit pickers on documentation – sole directors of second and third respondents sons of fourth respondent – Notional Agreement Preserving State Awards – employees subject to Fruit and Vegetable Growing Industry Award – State 2002 (Qld) – legal obligation to pay employees who worked more than 40 hours per week overtime – s 182 Workplace Relations Act 1996 (Cth) – employees not paid overtime – arrangement at farm whereby employees worked up to 40 hours for second respondent and voluntarily worked extra hours for third respondent – whether employees employed by first respondent or second and third respondents – principles relevant to identifying employer – employees believed they worked for first respondent – employees wore shirts bearing logo of first respondent – employees had limited knowledge of second and third respondents except as payroll companies – no contracts of employment with second or third respondents – first respondent was employer – fourth respondent aware of legal obligation to pay overtime – purpose of creating second and third respondents was to avoid overtime obligations – s 728 Workplace Relations Act 1996 (Cth) – whether second to fourth respondents aided and abetted or were knowingly concerned in contravention by first respondent – knowledge of essential facts by second to fourth respondents