Federal Court of Australia
Federal Court of Australia
Basi v Namitha Nakul Pty Ltd [2022] FCA 712 File number(s): NSD 523 of 2019 NSD 730 of 2019
Judgment of: HALLEY J
Date of judgment: 21 June 2022
Catchwords: INDUSTRIAL RELATIONS – allegations of contraventions of ss 45, 323, 325, 343 and 345 of the Fair Work Act 2009 (Cth) (FW Act) relating to employment of applicants – application of Restaurant Industry Award 2010 (Award) – terms and conditions of applicants' employment by respondents – whether one applicant entitled to payment on quantum meruit basis for work performed – whether s 557C of the FW Act operates in proceedings – where payslips admitted to be incorrect – where conflicting evidence about duties performed by applicants – whether applicants afforded breaks required by the Award – correct classification of applicants' duties under the Award – whether applicants' hours of work were arranged in contravention of the Award – whether applicants were paid amount payable under the Award for work performed – serious contraventions of Award established INDUSTRIAL RELATIONS – alleged loans made by second respondent to applicants – no loans found to be made – alleged loans properly characterised as "cashback payments" – where second respondent made threats, exerted undue influence or pressure, and made misrepresentations contrary to the FW Act, in relation to cashback payments and payments to cover PAYG tax obligations and visa sponsorship application costs INDUSTRIAL RELATIONS – where second respondent knowingly concerned in contraventions of civil penalty provisions of FW Act committed by first respondent
Legislation: Evidence Act 1995 (Cth) s 128 Fair Work Act 2009 (Cth) ss 12, 44, 45, 46, 47, 90, 117, 323, 325, 341, 342, 343, 344, 345, 360, 362, 535, 536, 545, 546, 550, 557A, 557C, 793 Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) Migration Act 1958 (Cth) Explanatory Memorandum, Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 Fair Work Regulations 2009 (Cth) regs 3.31, 3.32, 3.33, 3.34, 3.36, 3.37, 3.46 Restaurant Industry Award 2010 cls 3, 4.1, 5, 20, 31.1, 31.2, 30.2, 32, 33, 35, 35.2
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