Fair Work Ombudsman v IE Enterprises Pty Ltd [2020] FCA 848

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v IE Enterprises Pty Ltd [2020] FCA 848 File number: VID 75 of 2020

Judge: ANDERSON J

Date of judgment: 18 June 2020

Catchwords: PRACTICE AND PROCEDURE – application for partial default judgment under r 5.23 of the Federal Court Rules 2011 (Cth) against respondents – failure of respondents to defend proceeding – failure of respondents to attend case management hearing – failure of respondents to comply with Court orders – whether Court has jurisdiction to grant relief – whether applicant is entitled to relief INDUSTRIAL LAW – application for declaratory relief and compensation orders in relation to contraventions of the Fair Work Act 2009 (Cth) – failure to pay minimum hourly rates – failure to pay employees in full – failure to make and keep employee records – failure to provide pay slips – whether contraventions are serious contraventions as they were part of a systematic pattern of conduct – whether first respondent expressly, tacitly or impliedly authorised contraventions – whether second respondent knew that first respondent's contraventions were serious contraventions Held: application for partial default judgment granted

Legislation: Fair Work Act 2009 (Cth) ss 45, 323(1), 535(1), 536(1), 536(3), 545(2)(b), 547(2), 550, 550(2), 557A, 557A(1), 557(5A), 557B(1) Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) s 39 Federal Court of Australia Act 1976 (Cth) ss 21, 51A Fair Work Regulations 2009 (Cth) regs 3.32, 3.33 Federal Circuit Court Rules 2001 (Cth) rr 4.03, 4.05, 6.01 Federal Court Rules 2011 (Cth) rr 5.22, 5.22(d), 5.23(2)(b), 5.23(2)(c)