Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Al Hilfi [2016] FCA 193 File numbers: SAD 27 of 2012 SAD 109 of 2012
Judge: BESANKO J
Date of judgment: 4 March 2016
Catchwords: INDUSTRIAL LAW – penalty hearing – where respondents involved in contravention of civil remedy provision –where failure to pay minimum wages and entitlements prescribed by Fair Work Act 2009 (Cth) and Cleaning Services Award 2010 – where failure to provide pay slips and maintain employment records – where default judgment entered against respondents – consideration of relevant factors in determining level of penalty – where contraventions are serious – where industry low paid – where workers vulnerable – where underpayments significant – consideration of effect of bankruptcy on imposition of pecuniary penalties.
Legislation: Bankruptcy Act 1966 (Cth) ss 58, 60, 82 Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) ss 3, 44, 45, 90, 535, 536, 539, 546, 550, 557 Fair Work Regulations 2009 (Cth)
Cases cited: Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 145 ALR 36 Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith [2008] FCAFC 8; (2008) 165 FCR 560 Cotis v MacPherson (2007) 169 IR 30 Fair Work Ombudsman v Al Hilfi [2015] FCA 313 Fair Work Ombudsman v Bundy Market Meats Pty Ltd (2009) 190 IR 180 Kelly v Fitpatrick [2007] FCA 1080; (2007) 166 IR 14 Mathers and Another v Commonwealth (2004) 134 FCR 135
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