Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v Phua & Foo Pty Ltd [2018] FCA 137 File number(s): WAD 374 of 2017
Judge(s): SIOPIS J
Date of judgment: 22 February 2018
Catchwords: INDUSTRIAL LAW - penalty determination - admitted contraventions of s 45 of the Fair Work Act 2009 (Cth) - failure to pay minimum rates, casual loading and weekend penalty rates in accordance with the FW Act and the Restaurant Industry Award 2010 – appropriate penalty.
Legislation: Fair Work Act 2009 (Cth) ss 45, 545(1), 712
Cases cited: Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557 Gibbs v Mayor, Councillors and Citizens of City of Altona (1992) 37 FCR 216 at 233 Rocky Holdings Pty Ltd v Fair Work Ombudsman (2014) 221 FCR 153.
Date of hearing: Determined on the papers.
Date of last submissions: 8 December 2017
Registry: Western Australia
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 71
Solicitor for the Applicant: Clayton Utz
Solicitor for the Respondent: Tan and Tan Lawyers
ORDERS WAD 374 of 2017
BETWEEN: FAIR WORK OMBUDSMAN Applicant
AND: PHUA & FOO PTY LTD (ACN 106 090 733) Respondent
JUDGE: SIOPIS J DATE OF ORDER: 22 february 2018
THE COURT DECLARES THAT:
1. During the period 29 December 2014 to 28 September 2015, the respondent contravened the following civil penalty provisions: (a) s 45 of the Fair Work Act 2009 (Cth), by contravening clause 20.1 of the Restaurant Industry Award 2010 by failing to pay 14 of the employees the required minimum rate of pay under the Restaurant Award; (b) s 45 of the Fair Work Act, by contravening clause 13.1 of the Restaurant Award by failing to pay the employees the casual loading required under the Restaurant Award; (c) s 45 of the Fair Work Act, by contravening clause 34.1 of the Restaurant Award by failing to pay the employees the Saturday penalty rates required under the Restaurant Award; and (d) s 45 of the Fair Work Act, by contravening clause 34.1 of the Restaurant Award by failing to pay 25 of the employees the Sunday penalty rates required under the Restaurant Award.
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