Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 4) [2024] FCA 341

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 4) [2024] FCA 341 File number: NSD 669 of 2020

Judgment of: KATZMANN J

Date of judgment: 9 April 2024

Catchwords: INDUSTRIAL LAW — pecuniary penalties — where corporate respondents found to have contravened multiple provisions of the Fair Work Act 2009 (Cth) and participated in a fraudulent scheme to conceal their wrongdoing from authorities — where two senior employees (accessories) were found to have been involved in most of those contraventions and therefore are taken to have committed them, too — where companies did not go into evidence and accessories remained silent — where companies in liquidation and businesses sold to related companies — where "audit" undertaken after contraventions period, whether any need for specific deterrence — where no previous findings of contraventions, whether accessories entitled to "credit" for their "clean records" — what penalties are appropriate

Legislation: Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) Fair Work Act 2009 (Cth) ss 546(1), 557, 557A Competition and Consumer Act 2010 (Cth) s 45AF(1)

Cases cited: Ahmed v Al-Hussain Pty Ltd t/as The Cheesecake Shop (No 3) [2019] FCA 848 Australian Building and Construction Commissioner v Menon [2020] FCA 1418 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Australian Competition and Consumer Commission v Employsure Ltd [2023] FCAFC 5; 407 ALR 302; 164 ACSR 103 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) [2005] FCA 254, 215 ALR 281; ATPR ¶42–051 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v TPG Internet Pty Ltd (2013) 250 CLR 640 Basi v Namitha Nakul Pty Ltd (No 2) [2023] FCA 671 Commonwealth Director of Public Prosecutions v Aussie Skips Bin Services Pty Ltd [2024] FCA 122 Community and Public Sector Union v Telstra Corporation Ltd [2001] FCA 1364; 108 IR 228 Fair Work Ombudsman v Australian Workers' Union [2020] FCA 60 Fair Work Ombudsman v DTF World Square Pty Ltd (in liq) (No 3) [2023] FCA 201 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) [2017] FCA 557 Fair Work Ombudsman v NSH North Pty Ltd trading as New Shanghai Charlestown [2017] FCA 1301; (2017) 69 AILR ¶102–890; 275 IR 148 Fair Work Ombudsman v Phua & Foo Pty Ltd [2018] FCA 137 Jones v Dunkel (1959) 101 CLR 298 Jordan v Mornington Inn Pty Ltd [2007] FCA 1384; 60 AILR ¶100–744; 166 IR 33 Kelly v Fitzpatrick [2007] FCA 1080, 166 IR 14 Mornington Inn Pty Ltd v Jordan (2008) 168 FCR 383 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 QR Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (2010) 204 IR 142; [2010] FCAFC 150 Registered Organisations Commissioner v Australian Nursing and Midwifery Federation (No 2) [2018] FCA 2004 Registered Organisations Commissioner v Australian Workers Union (No 2) [2020] FCA 1148 Secretary, Department of Health and Ageing v Prime Nature Prize Pty Ltd (in liq) [2010] FCA 597 Singtel Optus Pty Ltd v Australian Competition and Consumer Commission [2012] FCAFC 20; 287 ALR 249; [2012] ATPR ¶42–387 Stanoevski v The Council of the Law Society of New South Wales [2008] NSWCA 93 Stuart v Construction, Forestry, Mining and Energy Union [2010] FCAFC 65; 185 FCR 308 Trade Practices Commission v CSR Ltd [1990] FCA 521; [1991] ATPR ¶41-076