Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v South Jin Pty Ltd [2015] FCA 1456 Citation: Fair Work Ombudsman v South Jin Pty Ltd [2015] FCA 1456
Parties: FAIR WORK OMBUDSMAN v SOUTH JIN PTY LTD (ACN 133 198 099), KI BOK JIN, COASTAL TROLLEY SERVICES PTY LTD (ACN 100 786 909) and EDWARD STROOP
File number: SAD 158 of 2014
Judge: WHITE J
Date of judgment: 18 December 2015
Catchwords: Industrial law – civil penalty proceedings – alleged contravention of Cleaning Services Award 2010 – alleged contravention of Fair Work Act 2009 (Cth) and Workplace Relations Act 1996 (Cth) – whether employees were casuals – whether employees underpaid wages, overtime, penalties and superannuation – whether employer failed to issue payslips – whether employer failed to keep proper records – degree of knowledge required to establish accessorial liability – whether second, third and fourth respondents had the requisite knowledge.
Legislation: Corporations Act 2001 (Cth) s 471B Evidence Act 1995 (Cth) ss 62, 63 Fair Work Act 2009 (Cth) ss 45, 87, 96, 165, 535, 536, 557, 687, 701, 709, 712, 793 Fair Work Regulations 2009 (Cth) regs 3.32, 3.34, 3.46 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) s 43 Federal Circuit Court Rules 2001 (Cth) r 4.05 Federal Court Rules 2011 (Cth) r 26.11 Industrial Relations Act 1988 (Cth) s 178 Superannuation Guarantee (Administration) Act 1992 (Cth) s 19 Workplace Relations Regulations 1996 (Cth) regs 19.4, 19.8, 19.20, 19.21 Workplace Relations Act 1996 (Cth) ss 182, 185, 186, 195, 235, 264, 323, 465, 638, 718, 719, 728, 826
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