Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown [2017] FCA 1301

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown [2017] FCA 1301 File number: NSD 470 of 2016

Judge: BROMWICH J

Date of judgment: 10 November 2017

Catchwords: INDUSTRIAL LAW – penalty determination – admitted contraventions of ss 45, 92, 535 and 536(1) of the Fair Work Act 2009 (Cth) and reg 3.44(1) and (6) of the Fair Work Regulations 2009 (Cth) – failure to pay minimum rates and accord other entitlements in accordance with the Fair Work Act and the Restaurant Industry Award 2010 – where conduct deliberate and systematic – creation and production to the Fair Work Ombudsman of false employment records to conceal primary breaches – accessorial liability – consideration of principles governing the imposition of civil penalties – effect of grouping under s 557 of the Fair Work Act on the objective seriousness of aggregated contraventions – consideration of principles concerning civil penalty maximums – consideration of principles concerning double counting where an individual contravener is an owner of a corporate contravener

Legislation: Competition and Consumer Act 2010 (Cth), s 155 Corporations Act 2001 (Cth), s 79 Criminal Code (Cth) (Schedule to the Criminal Code Act 1995 (Cth), ss 11.2, 137.1 Environmental Protection and Biodiversity Conservation Act 1999 (Cth) Evidence Act 1995 (Cth), s 191 Fair Work Act 2009 (Cth), ss 3, 14, 44(1), 45, 92, 535, 536, 539, 545(1), 546, 550, 557, 557A, 712 Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) Fair Work Regulations 2009 (Cth), reg 3.44 Restaurant Industry Award 2010 (Cth)