Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 8) [2024] FCA 483

FEDERAL COURT OF AUSTRALIA

Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 8) [2024] FCA 483 File number: ACD 41 of 2018

Judgment of: KATZMANN J

Date of judgment: 10 May 2024

Catchwords: INDUSTRIAL LAW – where respondents found to have contravened the Fair Work Act 2009 (Cth) in multiple respects, what orders should be made – where employees found to have been underpaid but received some payments under a deed of company arrangement before proceeding commenced, whether an order should be made that the amount of underpayments in excess of payments made under the deed be paid to the applicant for payment out to the employees – whether compensation should be awarded for non-economic loss – where respondents not previously found to have contravened the Act but contravening conduct extensive, serious and deliberate; occurred over a period of four years; and no contrition exhibited – civil double jeopardy – where overlap in the conduct constituting multiple contraventions – whether penalties proposed by Fair Work Ombudsman appropriate

Legislation: Acts Interpretation Act 1901 (Cth) s 15AA Building and Construction Industry (Improving Productivity) Act 2016 (Cth) ss 83(2), 94 Corporations Act 2001 (Cth) ss 435A, 444A, 444D, 444DA, 445D, 445H, 445G, 553, 556 Corporations Regulations 2001 (Cth) reg 5.3A.06, sch 8A Crimes Act 1914 (Cth) s 4AA(1) Fair Entitlements Guarantee Act 2012 (Cth) s 10(1)(g) Fair Work Act 2009 (Cth) ss 44(1), 45, 62(1), 90(2), 125(1), 323(1), 325(1), 340(1)(b), 343(1)(a), 351(1), 535(1), 536, 544, 545, 546, 550(1), 556, 557, 793 Fair Work Regulations 2009 (Cth) regs 3.34, 3.36, 3.40, 3.44, 4.01A, 4.03A Federal Court of Australia Act 1976 (Cth) s 21 Health Professionals and Support Services Award 2010 cll 15.2, 28.1, 32.2, A.2.5, A.7.3 Migration Act 1958 (Cth), ss 140L, 140M, 140UA, 140V Migration Regulations 1994 (Cth) regs 2.78, 2.79