Basi v Namitha Nakul Pty Ltd (No 2) [2023] FCA 671

Federal Court of Australia

Basi v Namitha Nakul Pty Ltd (No 2) [2023] FCA 671 File number(s): NSD 523 of 2019 NSD 730 of 2019

Judgment of: HALLEY J

Date of judgment: 22 June 2023

Catchwords: INDUSTRIAL LAW – application for declaratory relief and pecuniary penalties for contraventions of numerous provisions of the Fair Work Act 2009 (Cth) (Act) – where employer made admissions to contraventions of the Restaurant Industry Award 2010 (Award) by failing to display the Award and National Employment Standards, pay annual leave entitlements, pay superannuation contributions and give notice or payment in lieu on termination of employment – where parties agreed to orders in respect of unpaid wages and annual leave entitlements and outstanding superannuation guarantee payments – where respondent proposed range of pecuniary penalties – whether amount of penalties within the respondents' proposed range sufficiently high to achieve specific and general deterrence – whether penalties should be paid, in equal amounts, to the applicants or into Consolidated Revenue Fund – whether applicants entitled to compensation for loss of growth in superannuation funds – whether applicant entitled to recover on his quantum meruit claim amounts payable under National Minimum wage as a casual employee – Held: total penalties imposed of $150,000 on the first respondent and $50,000 on the second respondent payable in equal amounts to each applicant

Legislation: Crimes Act 1914 (Cth) s 4AA Crimes Legislation Amendment (Penalty Unit) Act 2015 (Cth) Sch 1 Crimes Amendment (Penalty Unit) Act 2017 (Cth) Sch 1 Fair Work Act 2009 (Cth) ss 12, 44, 45, 90, 117, 323, 325, 340, 343, 344, 345, 539, 546, 547, 550, 556, 557, 557A, 793(1), Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) s 2 Restaurant Industry Award 2010 (Cth) cll 5, 20, 30.2, 31, 31.2, 34.1, 35.2